Sentencing Reform and Restorative Justice: Normative Implications of Articles 74–83 of the New Criminal Procedure Code (KUHAP) for Reducing Prison Overcrowding in Banten

Abstract

This investigation tackles the ongoing challenge of inmate surplus in Indonesian correctional facilities, with a particular emphasis on Banten Province, where accommodations built for 4,642 individuals now accommodate 7,331. The paper explores the theoretical ramifications of Non-Judicial Case Resolutions, particularly the Restorative Justice (RJ) framework outlined in Articles 74–83 of the updated Indonesian Criminal Procedure Code  (KUHAP),  which  is  due  to  become operational on January 2, 2026. Employing a normative legal research approach, the analysis evaluates the regulatory basis for restorative settlements and the powers of investigators and prosecutors to halt legal proceedings. The primary issue revolves around evaluating whether this innovative legal tool upholds the core tenets of fairness and legal predictability. Findings indicate that integrating RJ into the revised KUHAP represents a vital advancement in tackling capacity issues. By rerouting eligible novice offenders via RJ, substantial alleviation of future burdens on Banten's prisons could be realized. Nonetheless, the efficacy of the RJ model depends on enhancing legal predictability, which has been undermined by discrepancies between the prior KUHAP and its enforcement guidelines. The study determines that bolstering restorative methods provides a viable strategy            for diminishing overcrowding while safeguarding victim rights, on the condition that regulations are enforced uniformly and openly across all enforcement tiers.