Komodifikasi Keadilan Restoratif: Analisis Kritis terhadap Potensi Transaksi Damai dan 'Privatisasi' Perkara Pidana Ringan Pasca UU No. 1 Tahun 2023

Abstract

The Enactmen of Criminal Code (KUHP) trough Law Number 1 of 2023 marks a significant milestone in the Reform Of Indonesia’s Criminal Justice System, particularly through the institutionalization of restorative justice. Nevertheless, this paradigm shift in penalization has sparked fundamental theoretical and practical issues, notably concerning the vulnerability to the privatization of minor criminal cases and the commodification of the law. This study is designed to evaluate the vulnerabilities of the restorative justice scheme within the regulation, which risks being reduced to mere financial transactions, along with its subsequent impact on the principle of equality before the law.This research employs a normative juridical method, relying on conceptual and statutory approaches. The study's findings indicate that the absence of strict and objective economic benchmarks as prerequisites for case termination can trigger the phenomenon of “wealth impunity.” This loophole can be exploited by financially affluent offenders to secure settlements in order to evade formal legal proceedings. As a solution, the establishment of a robust judicial oversight system is imperative to ensure that the application of restorative justice remains strictly focused on victim recovery and the public interest, rather than serving as a means of private transaction for the wealthy.