Eko Budi Sariyono
Universitas Wahid Hasyim Semarang

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Reformulation Of Punishment Objectives In The National Criminal Code: A Restorative Justice Perspective Yohanes Pande; Bustomi; Eko Budi Sariyono; Ade Ari Gumilar; Stelvia W. Noya
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.9959

Abstract

This article examines the reformulation of sentencing objectives under the Indonesian National Criminal Code as regulated in Law Number 1 of 2023 by positioning restorative justice as its central analytical framework. The enactment of the new Criminal Code represents a response to long-standing critiques of the conventional punitive paradigm, which has largely been dominated by retributive and retaliatory approaches. Such a model is considered insufficient in addressing the needs of victims, restoring disrupted social relations, and promoting the rehabilitation of offenders. Consequently, the integration of restorative justice values into the objectives of sentencing constitutes a strategic effort to establish a more humane and equitable criminal justice system. This study employs a normative juridical method with statutory and conceptual approaches. The analysis focuses on provisions governing sentencing objectives within the National Criminal Code and evaluates their alignment with the principles of restorative justice as developed in contemporary criminal law discourse. Data were collected through library research, encompassing legislation, legal doctrines, and national scholarly journal articles addressing criminal law reform and restorative justice. The findings indicate that the National Criminal Code has incorporated a significant shift in sentencing objectives, moving beyond punishment-oriented models toward victim recovery, offender rehabilitation, and the preservation of social balance and harmony. Nevertheless, the practical implementation of restorative justice based sentencing objectives continues to face substantial challenges, particularly with regard to the readiness of law enforcement authorities, prevailing legal culture, and the need for more detailed and operational implementing regulations. Therefore, the reformulation of sentencing objectives within the National Criminal Code requires strengthened implementation policies to ensure that restorative justice principles are effectively realized in criminal justice practice.
Discretionary Authority Of Law Enforcement Officials In The Settlement Of Criminal Cases Based On Restorative Justice Deny; Eko Budi Sariyono; Iwan Rasiwan; Johannes Triestanto; Zulkarnain S
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.9965

Abstract

Discretion exercised by law enforcement officials constitutes an inherent authority within the law enforcement function to make decisions or take actions based on professional judgment, particularly in circumstances that are not comprehensively regulated by statutory provisions. In the development of modern criminal law, discretionary power has gained increasing relevance, especially when associated with the application of a restorative justice approach that emphasizes victim recovery, offender accountability, and the restoration of social harmony within the community. This article aims to examine the scope of discretionary authority held by law enforcement agencies in resolving criminal cases through a restorative justice framework in Indonesia. The discussion focuses on the factors that encourage the use of discretion, the normative and ethical limitations governing its application, the roles of various law enforcement institutions within the criminal justice system, as well as the challenges encountered in practical implementation. The research employs a normative juridical approach, utilizing library-based data collection methods through the analysis of statutory regulations, legal doctrines, and relevant national legal journal publications. The data are analyzed using a descriptive-analytical method to assess the alignment between legal norms and law enforcement practices. The findings indicate that law enforcement discretion can serve as an effective instrument in supporting the implementation of restorative justice, particularly in certain criminal cases with limited social impact. Nevertheless, the effectiveness of discretionary practices is highly dependent on the consistent application of prudential principles, proportionality, legal certainty, utility, and participatory transparency involving victims, offenders, and the community. In the absence of clear guidelines and adequate oversight mechanisms, the exercise of discretion may lead to legal uncertainty and unequal justice. Therefore, strengthening regulatory frameworks and enhancing the capacity of law enforcement personnel are essential prerequisites for optimizing discretion within a restorative justice-based criminal justice system.