Draft PP on Improving Restorative Justice Regulations

The Government, through the Ministry of Law, is finalizing several Draft Regulation of the Government (Rancangan Peraturan Pemerintah- “ RPP ”) as implementing regulation of Law No. 1 of 2023 on Criminal Code (Kitab Undang-Undang Hukum Pidana- “ KUHP ”), which came into effect on 2 January 2026. One of the RPP being prepared governs the mechanism of Restorative Justice (“ RJ ”), the regulation of which has so far been dispersed across various law enforcement agencies, such as the Prosecutor’s Office, the Police, and the Supreme Court (“ MA ”).

The Head of the Criminal Chamber of MA, Prim Haryadi, stated that MA is actively involved in the process of drafting the regulation. “MA is actively participating in the drafting of the RPP on the Implementation of KUHP and the RPP on Restorative Justice, as well as Regulation of the President on Integrated Criminal Justice Based on Information Technology,” he told Hukumonline.

To date, Indonesia does not yet have a comprehensive legal framework governing the mechanism of RJ. This situation has resulted in frequent disharmony in the exercise of authority among law enforcement officials, both vertically and horizontally, due to differing interpretations regarding the application of RJ.

On the other hand, MA has issued Regulation of MA No. 1 of 2024 on Guidelines for Adjudicating Criminal Cases Based on Restorative Justice (“ Perma 1/2024 ”) as an effort to broaden the justice approach in handling criminal cases.

“Furthermore, MA is also in the process of preparing several references concerning the types of decisions that will subsequently be applied by judges, both at the first instance and appellate levels,” he explained.