Optimization of Restorative Justice by the Prosecutor^s Office Based on the Enactment of Article 132 of Constitution No. 1 of 2023 Concerning the Criminal Code (KUHP) Based on the Principle of Legal Certainty Aszhari Kurniawan
Doktor Ilmu Hukum, Fakultas Hukum, Universitas Islam Bandung, Indonesia
Abstract
In Indonesia, the implementation of Restorative Justice is only regulated in regulations that are not in the form of law. Article 132, paragraph (2), which addresses the regulation of prosecution after a resolution outside the court, opens up opportunities for the application of Restorative Justice within the Indonesian criminal justice system. However, resolution through Restorative Justice cannot be considered a valid reason for halting prosecution. Even though Restorative Justice has been implemented, the prosecutor is still required to continue the prosecution process. This reflects the discrepancy between evolving legal practices and the existing legal framework, which can hinder the implementation of Restorative Justice. Without formal recognition in law, Restorative Justice risks losing its effectiveness as an alternative method for resolving criminal disputes. This study aims to analyze the optimization of Restorative Justice implementation by the Prosecutor^s Office based on the enactment of Article 132, paragraph (2) of Law No. 1 of 2023 concerning the Criminal Code (KUHP), with regard to the principle of legal certainty. However, its application faces challenges due to being limited to regulations that are not yet in the form of law. The findings of the study indicate that the application of Restorative Justice by the Prosecutor^s Office, based on Article 132 of Law No. 1 of 2023, can provide room for more humane and effective case resolution, as long as it is supported by a clear legal basis and structured procedures, ultimately leading to legal certainty.
Keywords: Restorative Justice, Criminal Code (KUHP), Optimization, and Legal Certainty
Topic: Law and Ethics in Terms of Islamic Perspective
