Anayasa
Vol. 4 No. 1 (2026): ANAYASA

THE REVITALIZATION OF ULTIMUM REMEDIUM IN THE REFORM OF INDONESIA’S CRIMINAL JUSTICE SYSTEM

Fajar Rachmad Dwi Miarsa (Universitas Maarif Hasyim Latif)
Hermawan Hermawan (Universitas Maarif Hasyim Latif)
Ophie Virginia (Universitas Maarif Hasyim Latif)
Nonaqu Beautyla Putri (Universitas Maarif Hasyim Latif)



Article Info

Publish Date
27 Jul 2026

Abstract

This study examines the revitalization of the principle of ultimum remedium in the reform of Indonesia’s criminal justice system, which reflects a paradigm shift from a retributive approach to restorative, corrective, and rehabilitative approaches, as embodied in Law No. 1 of 2023 on the National Criminal Code. The issue examined is the deviation in the application of the ultimum remedium principle, which in practice has shifted to primum remedium, resulting in criminal law often being used as the primary means of punishment. This situation fuels overcriminalization and increases the burden on correctional institutions. This study employs a normative legal method using legislative, conceptual, and historical approaches through qualitative analysis of primary and secondary legal sources. The results of the study indicate that although the National Criminal Code has strengthened alternative sentencing and restorative justice, the application of the principle of ultimum remedium remains hindered by the legal culture of law enforcement officials, the broad scope of discretion, and inconsistencies in law enforcement practices. Revitalizing the principle of ultimum remedium is necessary so that criminal law truly serves as a last resort in resolving cases, thereby creating a penal system that is proportional, humane, and oriented toward substantive justice and the protection of human rights.

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Journal Info

Abbrev

anayasa

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

This journal is an academic journal with a focus on research in criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law. This journal aims to provide a platform for sharing research results and scientific thoughts related to ...