Indonesia legal reforms shift focus toward restorative justice

The implementation of Indonesia’s new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) is expected to shift the national legal paradigm from a focus on retribution toward restorative justice. According to Mohamad Ali Nurdin, Chairperson of the Bandung branch of the Indonesian Advocates Association (Peradi), these regulations aim to optimize the work of law enforcement and advocates while replacing colonial-era Dutch laws.

The new codes introduce alternative punishments for minor offenses, such as social work and supervision, and expand the scope for mediation. For legal practitioners, the KUHAP provides 11 specific privileges to strengthen legal assistance, including early-stage representation, access to investigation reports, and expanded pretrial proceedings. The reforms are also intended to strengthen human rights by ensuring victim restitution and protecting the rights of suspects through due process of law.