Greenation International Journal of Law and Social Sciences
Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au

Reformulating the Concept of Plea Bargaining in the Criminal Justice System Following the New Criminal Code and Criminal Procedure Code

Albi Ternando (Universitas Adiwangsa Jambi, Jambi, Indonesia.)
Adithya Diar (Universitas Adiwangsa Jambi, Jambi, Indonesia.)
Nella Octaviany Siregar (Universitas Batanghari Jambi, Jambi, Indonesia.)
M.Havidz Aima (Universitas Putra Indonesia "YPTK" Padang, Indonesia)



Article Info

Publish Date
26 Jul 2026

Abstract

This study analyzes the regulation and formulates an ideal model for implementing plea bargaining in Indonesia’s criminal justice system following the enactment of Law Number 1 of 2023 on the Criminal Code and Law Number 20 of 2025 on the Criminal Procedure Code. The study is based on the structural inconsistency between substantive criminal law, which has shifted toward a rehabilitative paradigm, and procedural criminal law, which still reflects a retributive approach. This research uses a normative juridical method with statutory and conceptual approaches. The findings show that the regulation of plea bargaining under the 2025 Criminal Procedure Code still contains significant normative inconsistencies, particularly regarding sentencing limits, procedural stages, and the legal form of decisions in summary proceedings. In addition, the expansion of legal evidence confirms that a confession cannot be the sole basis for conviction. Therefore, plea bargaining must be reformulated not only as a mechanism for judicial efficiency but also as a legal instrument that ensures due process of law, legal certainty, protection of defendants’ rights, and harmony with restorative justice and alternative sentencing policies in Indonesia.

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Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...