Submission Description
This paper examines the challenges faced by the Indonesian Prosecution Service (IPS) in prioritizing victim protection within the framework of restorative justice (RJ). Traditionally, prosecutors in Indonesia have been more like “postmen,” delivering police case files to the court without actively considering the needs of victims. The 2021 Prosecutor Law now requires prosecutors to act as mediators and apply RJ principles, which should encourage reconciliation between suspects and victims. However, in practice, RJ often benefits the suspects more, as it mainly serves to reduce case backlogs and minimize prison overcrowding, rather than addressing the needs and rights of victims. The government promotes RJ to ease system burdens, but without revising the Criminal Procedure Code (KUHAP), RJ remains a policy focused on efficiency over victims' interests. This paper critiques this RJ approach, arguing that KUHAP reform is essential for IPS to advocate for victim rights in Indonesia.
Presenters
Presenters
Individual Paper Presenters
Dr. Fachrizal Afandi - Universitas Brawijaya