Transforming The Criminal System In Indonesia Towards Restorative Justice

This study aims to examine the transformation of Indonesia’s criminal justice system toward restorative justice through the state compensation mechanism for victims of criminal offences under Law Number 20 of 2025 concerning the Criminal Procedure Code. The study specifically analyzes how the new Criminal Procedure Code positions victims and offenders as legal subjects in achieving substantive justice and identifies the mechanisms and obstacles in implementing state compensation when offenders are unable to fulfill restitution obligations. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The results show that the new Criminal Procedure Code strengthens a victim-centered orientation by recognizing compensation as a state responsibility when restitution cannot be paid by offenders. However, the absence of clear procedural rules, disharmony with existing regulations on witness and victim protection, and the lack of limitation regarding eligible crimes and victim categories create serious implementation challenges. The novelty of this study lies in its critical analysis of compensation as an instrument of substantive justice within Indonesia’s emerging restorative justice framework. Practically, the study implies the need for regulatory harmonization, clearer technical procedures, limitation of compensation scope, and capacity building for law enforcement officers. This study contributes to the development of victim protection discourse and offers policy recommendations for a more effective, accountable, and sustainable compensation system.

Criminal justice · Criminal law · Criminal procedure · Economic Justice · Law enforcement · Restitution · Theory of criminal justice · Witness · Indonesian Legal and Regulatory Studies · Legal and Policy Analysis in Indonesia · Legal and Social Justice Studies