International Journal of Judicial Law  |  ISSN: 2583-6536  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

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     2026:5/5

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

The Urgency of Integrating Restorative Justice in Indonesia's Modern Criminal Code

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Abstract

The promulgation of Law No. 1 of 2023 concerning the Criminal Code marks a shift in the historical paradigm in Indonesian criminal law towards a comprehensive modern codification framework. Nevertheless, the practical implementation of this new codification raises a fundamental normative conflict between the rigid principle of formal legality in Article 1 and the recognition of the law that lives in society in Article 2. The clash of norms triggers systemic legal uncertainty, particularly regarding the formal legitimacy and procedural applicability of restorative justice mechanisms derived from local customary practices. This normative legal research uses statutory and conceptual approaches to critically examine the doctrinal friction between formal criminal prosecution and community-based dispute resolution. The results show that the current sectoral regulations in law enforcement agencies do not have sufficient legislative force to override the formal prosecution mandate required by procedural law. Therefore, this article formulates a procedural integration framework designed to bridge formal criminal procedures with restorative mechanisms based on local wisdom at the pre-adjudication stage. This structural harmonization offers a new legal model to ensure legal certainty, uphold substantive justice, protect victims' rights, and reduce the severe overcapacity of correctional institutions in the national legal system.

How to Cite This Article

Mareta Aulia Wiyana, Kharizha Krishnandya (2026). The Urgency of Integrating Restorative Justice in Indonesia's Modern Criminal Code . International Journal of Judicial Law (IJJL), 5(5), 92-97. DOI: https://doi.org/10.54660/IJJL.2026.5.5.92-97

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