Mhd Azhali Siregar
Master of Law, Panca Budi Development University, Medan, Sumatera Utara, Indonesia

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Legal Analysis of The Implementation of Restorative Justice Principles In Police Services After The Effectiveness of Law Number 1 of 2023 Concerning The Criminal Code Anyar Ayu Bening Wirya Cherdika; Mhd Azhali Siregar; T. Riza Zarzani
Indonesian Journal of Multidisciplinary Sciences (IJoMS) Vol. 5 No. 2 (2026): Indonesian Journal of Multidisciplinary Sciences (IJoMS)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/ijoms.v5i2.2660

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a paradigm shift in criminal law in Indonesia, no longer oriented toward retributive punishment but instead prioritizing a restorative approach through the principle of restorative justice. This change has implications for criminal law enforcement practices, particularly within the police service, which serves as the gateway to the criminal justice system. The application of restorative justice within the police is seen as an effort to provide a more humane and effective resolution of criminal cases, oriented toward restoring social relations between perpetrators, victims, and the community. However, its implementation still faces various normative and practical obstacles that have the potential to create legal uncertainty. This study aims to analyze the regulations and legal basis for the application of restorative justice principles in police services following the enactment of the 2023 Criminal Code and to examine the legal implications of its application on the effectiveness of criminal law enforcement in the North Sumatra Regional Police. The research method used is normative juridical, supported by empirical data through legislative, conceptual, and case approaches. Data was obtained through literature review, document review, and interviews with law enforcement officials regarding the implementation of restorative justice. The results indicate that normatively, the application of restorative justice has gained legal legitimacy through the 2023 Criminal Code, the Republic of Indonesia National Police Regulation Number 8 of 2021, and internal police policies. The implementation of restorative justice at the North Sumatra Regional Police has been applied to certain crimes through mediation and reconciliation between perpetrators and victims. However, in practice, obstacles remain, including the lack of uniform standard operating procedures, reliance on investigator discretion, and weak oversight. Therefore, regulatory strengthening, policy harmonization between law enforcement agencies, and increased police capacity are needed to realize a fair, effective, and accountable implementation of restorative justice.
Legal Certainty Regarding Detention by Investigators Based on Law Number 20 of 2025 Concerning the Criminal Procedure Code Hendro Gunawan; Mhd Azhali Siregar; Henry Aspan
Indonesian Journal of Multidisciplinary Sciences (IJoMS) Vol. 5 No. 2 (2026): Indonesian Journal of Multidisciplinary Sciences (IJoMS)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/ijoms.v5i2.2662

Abstract

Detention is a form of coercive measure in the criminal justice process that limits a person's right to personal liberty, so its implementation must be based on the principles of legal certainty, limitation of authority, and protection of human rights. The formation of Law Number 20 of 2025 concerning the Criminal Procedure Code is part of the reform of the criminal justice system in Indonesia that aims to strengthen the protection of suspects' rights and create a more objective, proportional, and accountable detention mechanism. However, the application of subjective conditions for detention still has the potential to give rise to multiple interpretations and opens up wide discretion for investigators. This study aims to analyze the legal certainty of detention by investigators based on Law Number 20 of 2025, specifically regarding the regulation of detention conditions and limitations on the authority of coercive measures, as well as examine the concept of subjective conditions for detention from the perspective of due process of law and human rights protection. This study uses a normative legal research method with a statutory, conceptual, and case approach, which is analyzed qualitatively based on primary, secondary, and tertiary legal materials. The research results show that Law Number 20 of 2025 brings significant changes through the formulation of more objective and measurable detention indicators. This reformulation strengthens the principle of legal certainty and limits the authority of law enforcement officers in the use of coercive measures. Furthermore, this new regulation aligns with the principles of due process of law and human rights protection, as detention must be based on objectively verifiable facts and circumstances. However, its effective implementation still requires technical guidelines, effective oversight, and increased professionalism of law enforcement officers to prevent abuse of authority in criminal justice practices.