Ketiadaan Penetapan Pengadilan sebagai Mekanisme Pengawasan dalam Penerapan Restorative Justice pada Tahap Penyelidikan Berdasarkan Undang-Undang Nomor 20 Tahun 2025 tentang KUHAP
Year: 2026
Type: article
Abstract: This study aims to analyze the implications of investigators' authority in the application of restorative justice at the investigation stage based on Law Number 20 of 2025 concerning the Criminal Procedure Code. The background of this research is based on the expansion of investigators' authority which not only functions to find criminal events, but also to resolve cases through restorative justice mechanisms. This research uses normative legal methods with statutory and conceptual approaches. The results of the study show that the application of restorative justice at the investigation stage has complex implications. On the one hand, this mechanism provides benefits in the form of efficient case resolution and restoration of social relations. However, on the other hand, there are potential problems in the form of legal uncertainty, abuse of authority, and weak protection for victims due to the lack of adequate fact verification and lack of supervision mechanisms. Therefore, a more stringent regulation and a comprehensive supervisory system are needed so that the application of restorative justice remains in line with the legal goals, namely justice, certainty, and utility.
Source: Majelis
Author: Yudha Mallik Aufa
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225637069
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