Studi Efektifitas Pendekatan Restoratif dalam KUHP Baru (2023) dalam Mengurangi Overcrowding di Lembaga Pemasyarakatan

Abstract

The New Criminal Code of 2023 represents a criminal law reform in Indonesia that prioritizes a more humane and proportional approach to sentencing. This reform was motivated by the problem of overcrowding in correctional institutions, which has resulted in a decline in the quality of inmate development. In this context, restorative justice presents an alternative resolution of criminal cases oriented towards restoring relationships between perpetrators and victims and reducing reliance on imprisonment. This study aims to analyze the effectiveness of the restorative approach in the New Criminal Code in reducing overcrowding. The research method used is normative legal research with a statutory and conceptual approach. The results show that restorative justice has the potential to reduce the number of inmates through out-of-court settlement mechanisms, particularly for certain crimes. However, there is unequal understanding among law enforcement officials and a lack of institutional support. Therefore, strengthening policies and coordination between institutions is needed so that the restorative approach can be effective in addressing overcrowding in correctional institutions.