Restorative Justice Mechanisms at The Preliminary Inquiry Stage in The Indonesian Criminal Justice System: Strengthening The Role of The Police in The Reform of The Criminal Procedure Code

This study found that, to date, there are no comprehensive regulations regarding the authority of preliminary inquiry officers to actively implement restorative justice. The relevant regulations remain piecemeal, linked to Article 18 of Law – Law No. 2 of 2002 on the National Police of the Republic of Indonesia and its amendments, which essentially stipulate that, in the public interest, National Police officers of the Republic of Indonesia may, in carrying out their duties and exercising their authority, act according to their own judgment while observing the laws and regulations and the Code of Ethics of the National Police of the Republic of Indonesia. This study is a normative legal research aimed at identifying an ideal model for the Restorative Justice Mechanism during the preliminary inquiry stage in the revision of the Criminal Procedure Code (KUHAP). The conclusion of this study is that there is a fundamental difference between the provisions in effect since the enactment of Article 79(5) of Law No. 20 of 2025 on the Criminal Procedure Code and the previous regulations, which stipulate: “Once all agreements have been fulfilled, the case must be discontinued and a court ruling must be sought.” This has led to multiple interpretations among preliminary inquiry officers, as the draft Government Regulation on Restorative Justice—which is intended to be a derivative of the new Criminal Procedure Code—has not yet been enacted. Consequently, current practices create a legal vacuum (Rechtvacuum) for law enforcement officials, particularly investigators, in implementing Restorative Justice at the preliminary inquiry stage.