The new Indonesian Criminal Code, which came into force earlier this year, accommodates the approach of restorative justice in the resolution of criminal cases.
This mechanism does not see sanctions on perpetrators as the only solution to criminal cases, but focuses more on recovering losses. The goal is to restore balance in community relations. In the Criminal Code, the RJ mechanism has been in place since the investigation stage.
Full-time lecturer at the Faculty of Law, University of Jayabaya, Dr. Sheha A. Habib, S.H., M.H., CPM. CPArb., explained that RJ was actually already in the old Criminal Code, although the term was different. Article 51-54 of the new Criminal Code only regulates the recovery and replacement in the form of fines, not corporal punishment.
Article 79-87 of the Code of Criminal Procedure (KUHAP) only regulates RJ. "Sometimes people misunderstand the use of RJ. It means that it has changed, our criminal law is no longer focused on retaliation, but it is humanistic," he explained to Eddy Wijaya in the EdShareOn podcast which aired on Wednesday, June 24, 2026.
Sheha added that RJ also does not apply to all criminal acts. But there are conditions and categories. For example, only for cases where the threat of punishment is less than 5 years, and does not disturb public order, such as corruption cases, terrorism, sexual harassment, and human trafficking.
The perpetrator must also be willing to restore to the original condition, provide compensation, and apologize, and not be a repeat offender. "If a repeat offender is given RJ, it will be delicious. Tomorrow he can repeat his actions," he said.
Another requirement is that the victim wants to forgive. If the victim and the perpetrator have signed an agreement, the investigator will give them seven days according to the law to implement the points. If the rules are violated, Sheha said the RJ effort means it is invalid.
However, if it is filled, the investigator will make a report and send it to the court, with the knowledge of the public prosecutor.
The provision of RJ in the new Criminal Code has caused discussion in the public space. There is concern about the inequality of power between perpetrators and victims, who may be in a vulnerable position both socially and economically. There is also anxiety about mechanisms outside the court that can open the door to transactional practices between perpetrators and law enforcement to stop cases.
Regarding this, Sheha said that this was unlikely to happen. "The investigative room to pressure the parties is very narrow, especially in the digital era where it is easy to viralize an incident," he said.
In a reasonable corridor, said Sheha, law enforcement officers would not dare to pressure the victim. The role of the police is to mediate between the two parties so that the case is better resolved within the family, with the conditions discussed in the Law.
"The absolute requirement for the submission of RJ is the existence of a peaceful agreement between the perpetrator and the victim. If the victim refuses, the investigator, no matter how great, has no authority to force the case to be stopped," he said.
Sheha explained that RJ was initiated to reduce the accumulation of prisoners in prisons. This mechanism is also considered to have a more positive and more humane impact. Because it means, Indonesia has moved from a paradigm of imprisonment that is oriented towards punishment or retributive, to a recovery or restorative one. In certain cases, guidance and recovery are much more relevant to be put forward.
"The rule of law, according to Sheha, should not stop at the certainty of the text of the law alone. "What is the real benefit to the country or society if the tip is to throw a grandmother into prison just for taking three bars of chocolate?" he said. "Law enforcement must take into account the principle of usefulness." (ADV)
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