Harmonization of the Legal System: A Study on the Integration of Restorative Justice Principles with the Indonesian Code of Criminal Procedure (KUHAP)

Abstract

Criminal law experts and researchers are currently still focused on the concept of implementing/applying restorative justice, not yet focusing on its relationship with the Criminal Procedure Code. This research aims to: 1. Find out to what extent the principles of Restorative Justice can be applied in the Indonesian legal system which is regulated by the Criminal Procedure Code, 2. Find out the authority of Investigators in implementing Restorative Justice according to the Indonesian Criminal Procedure Law, and 3. Propose efforts to harmonize or reform the system Indonesian law to integrate the principles of Restorative Justice in the criminal justice process. This research is qualitative with a sociological approach. Normatively, the analysis is based on statutory regulations and legal principles, while empirically, multiple interpretations of the rules are carried out. Data collection techniques used in - depth interviews and document analysis. The results of the research carried out are: 1. The application of Restorative Justice can be said to be relatively successful but the application of its principles is still limited and not fully integrated, 2. The application of restorative justice by investigators is mostly carried out based on discretion and internal police policies, especially for minor cases and does not refer to the Criminal Procedure Code, 3. Efforts to harmonize or reform the legal system, especially the Criminal Procedure Code to integrate the principles of Restorative Justice in the criminal justice process which needs to be carried out comprehensively and systematically.