Application of Restorative Justice Principles in the Settlement of Minor Criminal Cases Based on the New Criminal Code

Abstract

The new Criminal Code no longer recognizes the crime-violation dichotomy, and many minor offenses are directed to be resolved through non-prison channels, making prison a last resort (ultimum remedium). However, theoretically, an analysis and study is needed to interpret how the new Criminal Code provides legal legitimacy to the functional efforts of the restorative justice concept in resolving minor criminal cases in order to provide an answer in the form of legal certainty and fulfillment of aspects of justice based on the reasoning of the legal substance contained in the latest criminal law product. The objectives of this research are (1) the urgency of using the concept of restorative justice in the Indonesian criminal law system, (2) the implementation of restorative justice in resolving minor criminal cases from the perspective of the new Criminal Code, (3) problems in implementing restorative justice in resolving minor criminal cases based on the new Criminal Code. The approach used in this research is normative juridical. The research specifications are descriptive and analytical. The data sources used are secondary data. Secondary data is data obtained from library research, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The research results and discussion can be concluded: (1) The reality of legal problems in Indonesia is rooted in a long-standing criminal system, is a very relevant view and is supported by current legal dynamics. These problems include the colonial legacy of the Criminal Code and the retributive approach (retribution) with a dominance of imprisonment, where for decades, the Indonesian legal system has relied heavily on imprisonment as the main sanction. (2) The existence of the concept of restorative justice can be implicitly found in the legal substance of Law number 1 of 2023 concerning the Criminal Code. The values of restorative justice can be seen in various articles, starting from Article 51 concerning the Purpose of Criminalization, namely that criminalization aims to resolve conflicts arising from criminal acts and restore balance.