ANALISIS YURIDIS TERHADAP KEWENANGAN RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA DI INDONESIA

This study examines the regulation of restorative justice authority within the Indonesian criminal justice system, focusing on the jurisdictional relationships between the Police, the Public Prosecution Service, and the Courts. Currently, restorative justice is grounded in several legal instruments: Indonesian National Police Regulation No. 8 of 2021; Indonesian Public Prosecution Service Regulation No. 15 of 2020; Supreme Court Regulation No. 1 of 2024 on Guidelines for Adjudicating Criminal Cases Based on Restorative Justice; the Criminal Code (KUHP); the Criminal Procedure Code (KUHAP); and Law No. 1 of 2026 concerning the Adjustment of Criminal Offenses. However, these regulations remain fragmented across various legal instruments, meaning the jurisdictional relationships between law enforcement agencies lack comprehensive regulation. This situation creates a need for a more systematic regulatory framework to ensure the harmonious implementation of restorative justice within the criminal justice system.
This study aims to analyze the regulation of restorative justice authority in Indonesia's criminal justice system and to examine the legal implications of these regulations regarding legal certainty, the integration of the criminal justice system, and law enforcement. The study employs a normative-juridical legal research method, utilizing both the statute approach and the conceptual approach. The legal materials—comprising primary, secondary, and tertiary sources—are analyzed using a descriptive-analytical method.
The findings indicate that the regulations on restorative justice authority have established a legal basis for the Police, the Public Prosecution Service, and the Courts, aligning with their respective functions within the criminal justice system. However, the jurisdictional relationships between these institutions are not comprehensively regulated, as the provisions remain scattered across various sectoral regulations. This fragmentation impacts legal certainty, the integration of the criminal justice system, and law enforcement; consequently, there is a need to strengthen the regulations governing these jurisdictional relationships to provide clearer and more consistent guidelines for the implementation of restorative justice. This study concludes that the future direction of restorative justice regulation does not require the enactment of new regulations; rather, it calls for adjustments to existing sectoral regulations—specifically, Indonesian National Police Regulation No. 8 of 2021, Indonesian Attorney General’s Office Regulation No. 15 of 2020, and Supreme Court Regulation No. 1 of 2024—to ensure alignment with the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and Law No. 1 of 2026 concerning the Adjustment of Criminal Offenses. These adjustments aim to clarify the respective jurisdictional roles of the Police, the Prosecution, and the Courts, thereby enabling the application of restorative justice to support a more integrated criminal justice system.