IMPLEMENTATION OF A RESTORATIVE JUSTICE-BASED CRIMINAL SYSTEM IN THE REFORM OF NATIONAL CRIMINAL LAW BASED ON LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE OF THE RIAU REGIONAL POLICE
DOI:
https://doi.org/10.37859/jeq.v11i3.12826
Abstract
The settlement of criminal acts does not solely focus on the punishment of the perpetrator, but also on the recovery of victims' losses, social harmony, and dignified conflict resolution. Therefore, judges in imposing crimes need to consider the impact of the crime on the victim and the wider community. The formulation of the problem in this study is How to Implement a Restorative Justice-Based Criminal System in the Reform of the National Criminal Law Based on Law Number 1 of 2023 concerning the Criminal Code of the Riau Regional Police and What are the Obstacles and Efforts in the Implementation of the Restorative Justice-Based Criminal System in the Reform of the National Criminal Law, Based on the results of the research, the implementation of restorative justice within the Riau Police has basically reflected the fundamental principles of restorative justice theory In the theoretical framework, restorative justice is understood as a participatory process, where all parties who have an interest in a criminal act, both victims, perpetrators, and affected communities are actively involved to jointly identify the impact of the criminal act and formulate the most appropriate form of settlement, then the implementation of the restorative justice system within the Riau Police is in fact still faced with various challenges that are quite complex and multidimensional. These challenges can be seen from three main aspects in the legal system, namely the legal structure, legal substance, and legal culture
Downloads
References
Bibliography
Books
Andi Hamzah, Principles of Criminal Law, Jakarta: Sinar Grafika, 2008
Bagir Manan, Restorative Justice (An Introduction), in Varia Peradilan, Indonesian Judges Association, Jakarta, 2008
Bambang Sungguno. Legal Research Methodology. Jakarta: Publisher: PT Raja Grafindo Persada, 2011
Barda Nawawi Arief, Bunga Potpourri Criminal Law Policy, Kencana, Jakarta, 2017
Chandra Satriana, I.M.Y. & Dewi, N.M.L. Criminal Justice System Resto Perspective, 2021
Eva Achjani Zulfa, Restorative Justice in Indonesia, Depok: Publishing Board, Faculty of Law, University of Indonesia, 2025
M. Sholehuddin, Sanctions System in Criminal Law, Jakarta: RajaGrafindo Persada, 2025
Moeljatno, Principles of Criminal Law, Jakarta: Rineka Cipta, 2008
Muladi and Barda Nawawi Arief, Criminal Theories and Policies, Bandung: Alumni, 2010
Muladi and Barda Nawawi Arief, Criminal Theories and Policy, Bandung: Alumni
Mulyadi, M. Police in the Criminal Justice System. Medan: USU Press, 2009
Parningotan Malau, "Review of the New Criminal Code (KUHP) 2023," Al-Manhaj: Journal of Islamic Law and Social Institutions, 2023 2 Law No. 1 of 2023 concerning the Criminal Code
Rahmawati, Maidina, Adery Ardhan Saputro, Opportunities and Challenges: The Application of Restorative Justice in the Criminal Justice System in Indonesia. Jakarta: Institute for Criminal Justice Reform. 2020
Robbi Fahmi and Margo Hadi Pura, "The Application of Positive Criminal Law Sanctions and Customary Criminal Law Against Unlawful Acts of Pembu
Romli Atmasasmita, Reconstruction of the Principle of No Crime Without Fault, Jakarta: Gramedia Pustaka Utama, 2017
Tony F. Marshall, Restorative Justice: An Overview, London: Home Office Research Development and Statistics Directorate, 1999
Law No. 20 of 2025, Article 79; see also Tony F. Marshall, Restorative Justice: An Overview (London: Home Office Research Development and Statistics Directorate, 1999
Journal Articles
Diah Gustiniati Maulida, "The Orientation of Justice in the Renewal of the National Criminal Code," Journal of Ius Quia Iustum, Vol. 31, No. 1 2024
Harkristuti Harkrisnowo, "Indonesian Criminal Law Reform: New Direction of the Criminal System in the National Criminal Code," Journal of Law & Development, Vol. 53, No. 2 2023
Muladi. Implementation of the Restorative Justice Approach in the Juvenile Justice System. Journal of Criminal Law Reform. 2 Vol 2 2019
Nindy Putri Nur; Zulfa Efendi Eva Achjani, "Synergy or Conflict: Article 2 of the 2023 Criminal Code in Law Enforcement in Indonesia," Nagari Law Review 4, no. Vol 8 No 2 (2024)
Nur Aripkah, Kalen Sanata, Khairunnisa Noor Asufie, and Reza Pramasta Gegana, "Reform of the Criminal Law Concept in Law No. 1 of 2023 concerning the Criminal Code," Journal of Fundamental Justice 6, no. 2, 2025
Syifa Fauziyathu Rohmah, Yuliana Suryagalih, Wildan Sany Prasetiya, and Dudung Mulyadi, "Juridical Comparison of Criminal Liability for Persons with Mental Disorders in the Old Criminal Code and Law Number 1 of 2023 concerning the Criminal Code," Galuh Justisi Library Vol 4, no. 1 2025
Marfuatul Latifah and Prianter Jaya Hairi, "The Regulation of the New Criminal Code Guidelines and Its Implications on Judges' Decisions," The State of Law: Building Law for Justice and Welfare Vol 15, no. 2, 2025
Rina Rohayu Harun, Mualimin Mochammad Sahid, and Bahri Yamin, "Problems of Criminal Applications Law on The Life of Indonesian Communities and Cultures," IUS Journal: Legal and Justice Studies 11, no. 1 April 2023
