Indonesia’s newly enacted Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) mark a major shift in Indonesia’s legal framework, replacing colonial-era laws with a modernized system that formally incorporates restorative justice. However, the government has made it clear that restorative justice does not apply to serious crimes such as corruption, terrorism, severe human rights violations, money laundering, and sexual violence.
Minister of Law Supratman Andi Agtas stressed that restorative justice is strictly excluded for offenses that have broad and severe impacts on society and the state. Speaking at a press briefing on the implementation of the new KUHP–KUHAP, he said that these crimes are entirely ineligible for restorative justice under the new procedural code. Firm limitations are necessary to preserve public trust and ensure strong law enforcement against extraordinary crimes.
The government argues that these restrictions are a key advantage of the new KUHAP, as they provide legal certainty and prevent misuse of restorative justice. Director General of Legislation at the Ministry of Law, Dhahana Putra, explained that the updated framework clearly defines which offenses may—and may not—be resolved through restorative mechanisms. He noted that terrorism, corruption, and sexual violence are explicitly excluded, ensuring restorative justice remains proportionate and accountable.
“Not all criminal cases can be resolved through restorative justice. There are clear boundaries,” Dhahana said, as cited by Kompas.
This clarity is widely viewed as a positive step, particularly in response to past concerns that restorative justice could weaken deterrence or allow powerful offenders to evade punishment.
At the same time, the new KUHAP significantly expands opportunities to apply restorative justice for eligible cases. One of its main strengths is flexibility: restorative justice may be pursued at multiple stages of the legal process, including investigation, prosecution, trial, and even during sentence execution. Dhahana described this as a constructive approach that prioritizes recovery and reconciliation where appropriate, allowing suspects, defendants, and convicted individuals to participate in restorative processes when legal requirements are met.
However, the expanded scope has also raised public concerns. Deputy Minister of Law Eddy Hiariej acknowledged that restorative justice at the early investigation stage has drawn criticism. He clarified that such resolutions must still be formally reported and registered with investigators, and they are subject to strict conditions.
According to Eddy, restorative justice is only possible if the offender is a first-time violator, the maximum penalty does not exceed five years, and—most importantly—the victim gives explicit consent. “If the victim does not agree, the case proceeds through the normal legal process. There is no restorative justice,” he emphasized, as quoted by Detik.
Despite these safeguards, civil society groups continue to scrutinize the new KUHP–KUHAP, warning that certain provisions could be vulnerable to abuse or restrict civil liberties if poorly enforced. In response, the government has pledged continued public outreach and oversight to ensure the laws are applied in line with justice and human rights principles.
As the new codes take effect from January 2, 2026, their success will largely depend on consistent implementation—balancing restorative ideals with firm accountability for serious crimes.
Source: Kompas, Detik
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