The Application of Restorative Justice to Theft Offenses Under Law Number 1 of 2023 concerning the Indonesian Criminal Code

Abstract

The enactment of Law Number 1 of 2023 on the Indonesian Criminal Code has introduced a significant shift in Indonesia's criminal justice policy, moving beyond a punitive approach toward a framework that emphasizes the restoration of relationships among offenders, victims, and the community through restorative justice. This study examines the application of restorative justice in cases of theft under Law Number 1 of 2023 and explores the factors that influence its implementation within the Indonesian criminal justice system. This research employs a normative legal research method, incorporating statutory, conceptual, and case-based approaches. The analysis relies on primary, secondary, and tertiary legal materials, which are examined qualitatively using a descriptive-analytical method to assess the legal framework governing restorative justice in theft cases. The findings indicate that Law Number 1 of 2023 provides a stronger legal foundation for the application of restorative justice as an alternative mechanism for resolving criminal cases, particularly theft offenses that satisfy the prescribed legal requirements. Rather than focusing solely on punishment, this approach prioritizes the restoration of victims' losses, encourages offenders to assume responsibility for their actions, and seeks to rebuild social harmony while maintaining the fundamental principles of legal certainty, justice, and public benefit. Nevertheless, its implementation continues to encounter several challenges, including inconsistent interpretations among law enforcement authorities, the absence of comprehensive operational guidelines, and differing views regarding the categories of theft cases eligible for restorative settlement. These findings underscore the need to harmonize the existing regulatory framework and develop clear implementation guidelines to ensure that restorative justice is applied consistently, effectively, and in a manner that guarantees fair legal protection for all parties involved.