JHR (Jurnal Hukum Replik)
Vol 14 No 1 (2026): Jurnal Hukum Replik

Philosophical Reconstruction of the Concept of "Restoration of the Original State" in Article 79 Paragraph (1) of Law Number 20 of 2025 concerning the Criminal Procedure Code

Andrea Hynan Poeloengan (Univeritas 17 Agustus 1945 Jakarta)
Zulkarnain Koto (Sekolah Tinggi Ilmu Kepolisian Perguruan Tinggi Ilmu Kepolisian)
Ismail Koto (Universitas Muhammadiyah Sumatera Utara)



Article Info

Publish Date
28 May 2026

Abstract

The development of the global criminal justice system shows a paradigm shift from retributive justice to restorative justice, which places restoration as the primary orientation in resolving criminal cases. In the Indonesian context, restorative values have been alive in the tradition of customary law and the philosophy of Pancasila, but were marginalized by colonial legal formalism. Legal reform through the New Criminal Procedure Code, specifically Article 79 paragraph (1) of Law Number 20 of 2025, reintroduces the concept of "restoring the original state" as an instrument for protecting human rights and substantive justice. The problem is, without a philosophical reconstruction based on Pancasila values, the concept of restoration has the potential to be reduced to a material compensation mechanism that opens up space for the practice of "transactions of impunity" and inequality in social justice. This research uses a normative juridical method with an approach to vertical and horizontal synchronization of legal norms and is reinforced by scenario planning within a foresight method framework to project the implications of the application of norms in a reductive manner. The research findings indicate that restoration to the original state must be interpreted as a multidimensional process encompassing the restoration of human dignity, social relational balance, and the state's responsibility to protect citizens' rights. A Pancasila-based philosophical reconstruction is necessary for the concept of restoration to function as an authentic instrument of restorative justice in the modern Indonesian criminal justice system. Keywords: Philosophical Reconstruction, Restoration of the Original State, Article 79 Paragraph (1) of LawNumber 20 of 2025.

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Journal Info

Abbrev

replik

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic ...