Disharmony and Transformation of Restorative Justice in the Criminal Justice System: A Comparative Study of Police Regulation No. 8 of 2021 and the 2025 Criminal Procedure Code

Abstract

Restorative justice is an alternative approach to resolving criminal cases that emphasizes restoring relationships between perpetrators, victims, and the community. However, before being explicitly regulated in Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP), the implementation of restorative justice in Indonesia was sectoral through internal regulations of law enforcement agencies, including Regulation of the Republic of Indonesia National Police Number 8 of 2021. This condition has led to disharmony of norms and legal uncertainty in law enforcement practices. This study aims to analyze the differences in restorative justice mechanisms between Regulation of the Republic of Indonesia Number 8 of 2021 and the 2025 Criminal Procedure Code and examine the legal implications of these differences. The research method used is normative juridical with a statutory and conceptual approach. The results show that Regulation of the Republic of Indonesia regulates restorative justice in a limited manner as a form of investigator discretion during the inquiry and investigation stages without judicial oversight, while the 2025 Criminal Procedure Code integrates restorative justice as a formal mechanism in all stages of the criminal justice system by strengthening the oversight function of the courts. However, normative issues remain, particularly in the application of restorative justice during the investigation stage, which can potentially lead to multiple interpretations. Therefore, regulatory harmonization and strengthened oversight are needed to ensure legal certainty and substantive justice.