Konstruksi Ideal Mediasi Penal dalam Pembaharuan Hukum Pidana Indonesia Sebagai Upaya Mewujudkan Sistem Peradilan yang Humanis, Efektif, dan Berkeadilan Restoratif

Abstract

Penal mediation is expected to bridge disputes between offenders and victims while offering an alternative solution to conventional judicial processes, which often generate negative stigma and prolong victims’ trauma. Through a restorative approach, penal mediation focuses not only on punishment but also on reparation, reconciliation, and the restoration of relationships between conflicting parties. Penal mediation within the architecture of the national legal system has gained increasing relevance following the introduction of various legal instruments that emphasize the paradigm of restorative justice, including developments in the latest Criminal Code (KUHP), the Prosecutor’s Regulation on Restorative Justice, and various other sectoral policies. The recommendations proposed focus on establishing comprehensive regulations, strengthening accountability mechanisms, and formulating operational standards that ensure victim protection while safeguarding the rights of suspects. Accordingly, penal mediation is expected to serve as a strategic instrument for advancing a more humane, responsive, and recovery-oriented criminal justice system in Indonesia.