Criminal Law in Indonesia 2026: Restorative Justice and Plea Bargaining in the New KUHAP

# Criminal Law in Indonesia 2026: Restorative Justice and Plea Bargaining in the New KUHAP On 2 January 2026, Law No. 20 of 2025 on the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana, or New KUHAP) came into force, replacing the old KUHAP that had governed criminal procedure for over forty years. This is not a routine textual update—it fundamentally shifts the paradigm of Indonesia's criminal justice system, introducing two mechanisms that have drawn significant attention: restorative justice and plea bargaining. For practitioners, understanding these changes is not just a technical necessity

This means the forms of restoration can include forgiveness from the victim or their family, the return of confiscated property, compensation for medical or psychological treatment, and other material reparations. The message from the law is clear: the system is no longer focused solely on punishment, but also on healing for the victim and reintegration of the suspect into society. The procedure is flexible. Either the victim or the suspect can initiate it, and it can be applied at various stages—pre-investigation, investigation, prosecution, or trial. However, it is important to note that restorative justice does not apply to all types of crimes. Excluded offenses include crimes against state security, terrorism, corruption, sexual violence, and crimes punishable by more than five years' imprisonment, except where committed through negligence. These exclusions show that the legislature is still guarding public safety and accountability for serious crimes, while opening space for restorative solutions in less severe cases. Interestingly, restorative justice also extends to corporate offenders—provided the violation is a first offense, the corporation provides restitution, and corrective measures are taken. For business law practitioners, this opens an alternative route for resolving disputes that can be more efficient in time and cost than a full criminal proceeding. ## Plea Bargaining: Efficiency Through Admission of Guilt

Alongside restorative justice, the 2026 KUHAP introduces plea bargaining, which allows a suspect who admits guilt and cooperates during the investigation to negotiate a lighter sentence through an agreement with the prosecutor, subject to judicial review. The legal basis is found in Articles 32-37 of the KUHAP. The requirements are specific: the suspect must be a first-time offender (no prior criminal record), the offense must be punishable by a maximum of five years' imprisonment or a fine up to Category V (equivalent to IDR 500 million), and the suspect must agree to provide compensation or restitution to the victim. The procedure begins with the prosecutor questioning the suspect (with legal counsel present) about their plea. If the defendant admits guilt, the admission is recorded in a special hearing before the main trial, and then formalized as a written agreement between the prosecutor and the defendant, which must be approved by the judge. Once approved, the case does not go through full evidence presentation and can proceed directly to sentencing, reducing the court's burden. For the suspect, plea bargaining offers the prospect of a lighter sentence and a faster process. For the state, it reduces caseload pressure and speeds up resolution of minor cases. However, its application must be handled carefully to avoid coercion or involuntary admissions—especially since many people in our system still lack adequate access to legal counsel.

## Implications for Practitioners The introduction of these two mechanisms demands a shift in strategy for lawyers. First, an early evaluation is needed: is the client a first-time offender, and does the offense fall within the types that can be resolved through restorative justice or plea bargaining? Second, communication with the victim becomes crucial, because in restorative justice, the victim's consent heavily influences the outcome. Third, documentation such as restitution agreements and letters of forgiveness must be prepared properly, as they are prerequisites for the mechanisms to take effect. And it should not be forgotten: as lawyers, we must still ensure that the entire process is truly voluntary and does not infringe on the client's constitutional rights. Even though these mechanisms are designed for efficiency, the right to full defense must still be respected if the client refuses or if the case does not meet the criteria. ## Closing