Transformasi Fundamental Sistem Peradilan Pidana : Restorative Justice dan Perlindungan Hak Korban Dalam KUHP Nasional

Abstract

This study examines the fundamental transformation in the Indonesian criminal justice system through the application of the Restorative Justice principle and the strengthening of victim protection within the context of the National Penal Code (KUHP). Restorative justice, as a new paradigm in criminal law, focuses on restoring social relationships between victims, offenders, and society, replacing the more traditional retributive approach. Through a normative juridical analysis, this research evaluates the regulations outlined in the new KUHP, which include various provisions supporting the restoration of both victims and offenders, while identifying the challenges in implementing this principle in Indonesia. The findings of this study indicate that the National Penal Code provides significant support for victim protection, such as through mechanisms for compensation, the right to file complaints, and protection for witnesses and victims from intimidation. However, despite the progressive normative changes, consistent implementation remains a significant challenge in ensuring that the restorative approach delivers tangible benefits for victims and society as a whole. This research contributes to formulating more applicable and responsive policies to meet the needs for victim protection and enhances the implementation of Restorative Justice in the Indonesian criminal justice system, making it more humanistic and oriented toward social restoration.