Penal Mediation Regulations as Modernization of Indonesian Law from Criminal Code (WVS) to National Criminal Code

Abstract

This study aims to analyze penal mediation in the Criminal Code (WvS) and the National Criminal Code in the form of modernization that will be in effect in 2026. The focus of the discussion in this study is the development of the concept of penal mediation in the Indonesian criminal law system from the old Criminal Code (WvS) to the National Criminal Code. Significant differences between the regulation of penal mediation in the old Criminal Code and the new Criminal Code, and how they have implications for the modernization of Indonesian criminal law. Optimizing the application of penal mediation in the context of the modernization of Indonesian criminal law. The results of this study conclude that the development of penal mediation in the National Criminal Code, when compared to the old Criminal Code (WvS), broadens the scope of penal mediation, based on the theory of restorative justice. That the concept of penal mediation regulated in the National Criminal Code has included the concept of restorative justice, in addition, the National Criminal Code has expanded the role of law enforcement in facilitating penal mediation, and provides greater discretion in choosing case resolution. Provides greater space for the participation of victims and perpetrators in case resolution; Emphasizes restoration of relationships and compensation. Integrating penal mediation into the criminal justice system. Creating flexibility in case handling.