Oyuk Ivani Siagian, Jakarta – Lawmakers and the Indonesian government have agreed that sexual violence cases cannot be resolved outside the court through restorative justice mechanisms. The new rule is stipulated in the Draft Law on the Criminal Procedure Code (KUHAP).

Deputy Minister of Law Edward Omar Sharif Hiariej said the addition of sexual violence crimes in the article that governs the exception to the application of restorative justice mechanisms is to synchronize with Sexual Violence Law Number 12 of 2022.

The formulation was proposed by the government through the Inventory of Problems List (DIM) of the Criminal Procedure Code Bill. "It is included in Article 23 of the Sexual Violence Law," said Eddy during a working committee meeting on Wednesday, July 8, 2025.

The deputy chair of House Commission III Rano Alfath agreed with the government's proposal. According to him, cases of sexual violence cannot be resolved outside the judiciary system through restorative justice mechanisms. The aim is to prevent sexual offenders from acting arbitrarily towards the victims.

In addition to excluding sexual violence from the restorative justice mechanisms, Article 77 of the Criminal Procedure Code Bill also excludes other criminal acts. Such as terrorism, corruption, victimless crimes, crimes punishable by imprisonment of five years or more except for negligence, crimes against life, and crimes punishable by specific minimum penalties.

The chair of House Commission III Habiburokhman previously stated that the Criminal Procedure Code Bill currently under discussion will contain more than 334 articles with 10 main substances. The bill will replace Law Number 8 of 1981 concerning the Criminal Procedure Code.

Source: https://en.tempo.co/read/2027246/kuhap-bill-no-restorative-justice-for-sexual-violence-case