<![CDATA[Introduction to the Problem: The primary issue addressed in this study is the legal uncertainty within the Republic of Indonesia Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP 2025) regarding the requirements for case settlement agreements or peace agreements, which mandate the involvement of a 'victim' in restorative justice mechanisms. This requirement becomes irrelevant when applied to victimless crimes, in which the perpetrator is, in essence, also the victim. Purpose/Study Objectives: This article aims to examine and formulate the ideal implementation of a restorative justice approach within KUHAP 2025 from the perspective of ius constituendum, particularly in overcoming regulatory deadlocks in victimless crimes. Design/Methodology/Approach: The study employs a normative legal research method, utilizing statutory, historical, and conceptual approaches. It relies on primary and secondary legal materials collected through library research and analyzed through legal interpretation and construction. Findings: This article finds that the rigid tripartite relationship (defendant–victim–investigator/inquirer/public prosecutor/judge) embedded in KUHAP 2025 hinders the application of restorative justice in victimless or non-predatory crimes. Accordingly, amendment of KUHAP 2025 is necessary by incorporating an explicit definition of victimless crimes and adjusting procedural mechanisms. Such adjustments may include substituting the role of the victim with community leaders or relevant stakeholders to facilitate the restoration of public interest, accompanied by strengthening the concept of judicial pardon, as evidenced by a formal letter of pardon serving as a substitute for a peace agreement in victimless cases. Paper Type: Research Article]]>
