Research Information System
Petita: Jurnal Kajian Ilmu Hukum dan Syariah, vol.11, no.1, pp.349-371, 2026 (Scopus)
This study examines the integration of restorative justice within Indonesia’s criminal procedure reform, particularly in relation to the Draft Criminal Procedure Code (KUHAP). It addresses a key gap in the absence of doctrinal harmonization governing digital restorative mediation and the legal status of electronic agreements in criminal proceedings. Using a normative juridical approach based on statutory, conceptual, and comparative analysis, the study evaluates the compatibility of existing evidentiary rules with emerging digital practices. The findings reveal a structural inconsistency between Article 184 KUHAP and the broader recognition of electronic documents under the ITE Law and the Personal Data Protection Law. This inconsistency limits the procedural validity of digital restorative mediation and prevents its full integration into the criminal justice system. The study further shows that restorative justice in Indonesia remains transitional, constrained not only by regulatory fragmentation but also by a rigid evidentiary framework that has not adapted to digital legal developments. Based on these findings, the study proposes the need for doctrinal reconstruction through the recognition of electronic agreements as admissible evidence and the development of a clear validity framework encompassing authentication, consent, procedural fairness, and enforceability. Future research is recommended to incorporate empirical approaches in order to assess the practical implementation and effectiveness of digital restorative justice mechanisms.