The National Police Regulation of the Republic of Indonesia Number 8 of 2021 is a progressive step in reforming the criminal justice system in Indonesia. This regulation creates an opportunity for the resolution of criminal cases outside the court through a restorative justice approach, a mechanism that emphasizes dialogue among perpetrators, victims, and the community to achieve a restorative agreement. (Koto et al. 2023)

However, from the perspective of criminal procedural law, it is necessary to examine whether the existence of the Perpol is in line with the principles outlined in the Criminal Procedure Code (KUHAP). The reason is that the Criminal Code, as the main procedural legal instrument, does not explicitly regulate the termination of cases based on peace between the perpetrator and the victim. The Criminal Procedure Code only recognizes the termination of an investigation through an Investigation Termination Order (SP3), as stipulated in Article 109 paragraph (2), which can only be done if there is insufficient evidence, the incident is not a criminal act, or for other legal reasons.

Perpol Number 8 of 2021 allows investigators to stop the investigation if certain conditions are met. Launching the Kompolnas website, handling criminal acts with restorative justice must meet general and special requirements. General requirements apply to implementing criminal investigation, investigation, or other investigative functions. Meanwhile, special requirements only apply to criminal acts based on restorative justice in investigation or investigation activities. (Source: 2022) As mentioned in Article 5, the material requirements include:

Meanwhile, the formal condition for restorative justice is peace between the two parties, as evidenced by a peace agreement signed by all parties, except in cases involving narcotics crimes. Adequacy and a statement of ability signed by the victim demonstrate the victim's authority and the suspect's responsibility, including returning goods, compensating for losses, reimbursing costs incurred due to criminal acts, and repairing damages caused by such acts. (Anggraini, et al. 2024)

However, this raises juridical problems because it can cause incompatibility with the Criminal Code. There are two main points of rejection: first, the shift of settlement authority from the courts to the police institution; second, the potential for neglect of Article 1, Section 9 of the Criminal Code, which emphasizes that only the court has the authority to impose a criminal sentence.

However, suppose the implementation of restorative justice within the framework of the Perpol is carried out carefully, transparently, and still based on the basic principles of criminal law and criminal procedural law. In that case, this

policy can be viewed as a complement to the national criminal justice system, rather than a form of law violation. Some of the arguments underlying this position are as follows:

To strengthen the legitimacy of restorative justice in the national legal system, further steps are needed in the form of adjustments to a more comprehensive legal framework. This can be done by revising the Criminal Procedure Code or establishing a special law that substantially regulates restorative justice and is binding across law enforcement institutions. This way, integrating the restorative justice approach with the formal legal system can run consistently and avoid creating overlapping authorities.

Until now, Correctional Institutions (prisons) have experienced a severe overcapacity problem. For almost 25 years (Sholehudin, 2021), the problem of prison overcapacity has remained an unresolved issue for the Coordinating Ministry for Law, Human Rights, Immigration, and Corrections, particularly the Ministry of Immigration and Corrections. Referring to official data published by the Ministry of Law and Human Rights (Kemenkumham), the overcapacity level in prisons and correctional facilities in April 2025 will reach 91% with a total of 269,043 inmates, consisting of 215,274 inmates and 53,769 prisoners from the capacity of prisons and correctional facilities, which is only 140,934.

(sada.kemenkumham.go.id/ditjenpas. 2025)

Based on a case study conducted in April 2025 at the Cirebon Class I Prison, data revealed that the overcapacity level in the prison reached 82.88%, with 1015 inmates occupying a space intended for only 555 inmates. The level of overcapacity experienced by all prisons and correctional facilities in Indonesia certainly hampers their ability to carry out their service and coaching functions. Suppose this situation of overcapacity is not seriously addressed. In that case, it can cause various problems such as violence and conflicts between inmates, a decrease in the quality of life of inmates, and health problems, for example, accelerating the spread of infectious diseases.

Serious efforts are needed to overcome this overcapacity problem so that prisons and correctional facilities can carry out service and coaching functions optimally, so that the impact caused by overcapacity can be suppressed. Efforts to build new prisons as a solution to the problem of overcapacity have so far proven to be ineffective. This is due to the growth rate of the number of inmates, which has increased significantly and is not proportional to the speed of development and the availability of correctional facilities and infrastructure. This inequality has resulted in the construction of new prisons not being able to keep up with the surge in the number of inmates, so the problem of overcapacity remains a

structural issue in the penitentiary system in Indonesia. In this context, the legal approach cannot be separated from the goals of national development, as affirmed in the theory of development law by Prof. Mochtar Kusumaatmadja. According to him, law is a tool of social engineering, where law functions not only as a means of social control, but also as an instrument to realize planned social change. (Fadillah, 2022)

in prisons should not only rely on developing physical facilities but also demand a renewal of the criminal law paradigm through a more just and efficient approach. One alternative that aligns with the idea of law as a tool for social change is the optimization of the restorative justice approach. This approach aims to create a more humane and participatory criminal case resolution by prioritizing restoring relationships between perpetrators, victims, and the community. Implementing restorative justice, especially in minor criminal cases, reduces the number of prison inmates and reflects a shift in legal values towards a more progressive and responsive approach to the community's needs.

Reducing the number of inmates who must serve prison sentences is one of the main impacts of implementing restorative justice on prison overcapacity. Restorative Justice offers alternatives to punishment outside of prison, such as mediation between perpetrator and victim, community service, and community- based rehabilitation programs. This alternative to punishment can significantly reduce the number of people entering prisons. For example, petty criminals or drug users who should go to prison can be directed to participate in rehabilitation programs or social work. This not only reduces the prison population but also

prevents overcapacity, which often becomes a serious problem in many prisons in Indonesia (Abdurrifai, 2021).

Based on information obtained through the Cirebon Police Wakasatreskrim, in March 2025, it was explained that restorative justice effectively reduces prison overcapacity. The effectiveness of the policy lies in the legal position of the results of the settlement of restorative justice, which is considered equivalent to a court decision with permanent legal force (inkrah). In practice, if a case is still in the investigation stage, it can be stopped; Or if it is already in the investigation stage, the investigation process can be stopped based on a decree with permanent legal force. This policy has positive implications in reducing the number of criminal acts that must be processed to the criminal stage and reducing the burden on the state, both in administrative and financial aspects. However, not all cases can be resolved through the restorative justice mechanism, because its

implementation requires the fulfillment of formal and material provisions as stipulated in Article 5 and Article 6 of Perpol Number 8 of 2021. This regulation provides a legal framework for law enforcement officials, especially at the investigation level, to stop handling cases if certain conditions are met. With this legal basis, investigators' termination of the case through the issuance of SP3 (Investigation Termination Order) is not contrary to the principle of legality. Still, it is a form of legal policy to support a fair and efficient settlement of cases. This policy is concrete evidence that the state is beginning to accommodate a more restorative legal approach in the Indonesian criminal justice system.

Source: Kaur Wasmintu Satreskrim Cirebon Police

Furthermore, the Deputy Head of Criminal Investigation of the Cirebon Police explained that applying the restorative justice approach in resolving criminal cases has a positive impact, especially in preventing perpetrators from repeating their actions. Based on data and observations made during the implementation of the mechanism, there were no repeated cases of individuals who had previously resolved cases through restorative justice channels. These findings indicate that resolving cases with a dialogue approach and restoring relationships between perpetrators and victims is effective in resolving conflicts peacefully, but also contributes to changing the behavior of perpetrators for the better. As well as to achieve a wider interest, namely, maintaining social harmony. (Nadeak, et al. 2019)

This phenomenon reflects that restorative justice is an alternative to resolving cases outside the litigation route and has rehabilitative and educational power for perpetrators of criminal acts. The perpetrators involved in this process are not only asked to account for their actions. Still, they are also actively involved in recovering victims' losses and social reconciliation, to create awareness and empathy for the impact of their actions. (Flora et al. 2025)

With the absence of repeated cases by perpetrators involved in the restorative justice process in the Cirebon Police area, it can be concluded that this approach has a constructive deterrent effect and has great potential in building legal awareness in the community. This effectiveness is certainly a positive indicator in supporting law enforcement policies that are humane, fair, and

oriented towards restoring social relations between perpetrators, victims, and the community.

Restorative justice also helps the psychological condition of the perpetrators of criminal acts. Offenders often feel isolated and hopeless in the conventional justice system, which can worsen their mental state. The more humane and involved approach offered by restorative justice makes perpetrators feel valued and Heard. Through dialogue and mediation, perpetrators of criminal acts can speak openly about their actions and hear directly from victims about the consequences of their actions. Many inmates may find this experience transformational; It will open their eyes to their actions from a different point of view and encourage them to try to improve themselves. So, restorative justice helps perpetrators of crimes better psychologically, which is important for a successful rehabilitation process.

In terms of prison management, implementing restorative justice can help officers reduce their workload. Prison officers can focus more on effective rehabilitation and reintegration programs as the number of inmates who must be supervised and managed is reduced. In addition, restorative justice helps create a safer and more peaceful prison environment. Restorative justice improves prison stability and security by reducing conflicts and tensions between inmates and increasing victim and community satisfaction. With a safer and more peaceful environment, prison officers have better working conditions, which results in a more efficient correctional system overall.

However, the implementation of restorative justice does not always run smoothly. To achieve optimal results, some obstacles must be overcome in implementing restorative justice. One of the main problems is that the community and law enforcement do not understand or know restorative justice. Many people still believe that justice can only be achieved through severe and commensurate punishment. As a result, restorative justice notions centered on restoration and reconciliation are often perceived as weak or ineffective. To address this problem, more intensive efforts are needed to disseminate information about the benefits of restorative justice.

Lack of resources is another obstacle to implementing mediation, and skills training programs, are needed to run restorative justice programs well. Many police forces in Indonesia, especially at the investigation level, still face difficulties obtaining these resources. As a result, the application of restorative justice is often limited and cannot reach all perpetrators of criminal acts in Indonesia. Therefore, support from the government is needed to provide the necessary resources and expand the reach of restorative justice programs.

In addition, the resistance of perpetrators and victims can pose challenges to implementing restorative justice. Not all actors are willing to participate in mediation, especially if they believe it will not favor them. Not only that, but not all victims are eager to talk to the perpetrator, especially if they continue to experience the trauma and pain caused by the crime that occurred. It takes a sensitive approach, efforts to build trust, and adequate support for perpetrators and victims to overcome these barriers. (Pambudi & Wibowo, 2021)

Despite many challenges, implementing restorative justice in Indonesia shows excellent potential to reduce overcapacity. By providing off-prison punishment options, such as community service and mediation, restorative justice can help reduce the number of inmates in prisons and prevent overcapacity. Additionally, restorative justice, which focuses on recovery and reconciliation, can help improve relationships among perpetrators, victims, and society. It can also provide perpetrators with an opportunity to improve themselves and prepare for reintegration into society.