Transformasi Digital Dan Keadilan Restoratif: Menakar Validitas Formil Dan Efektifitas Materiil Dalam Pembaruan Tahapan Beracara Pidana Di Indonesia

Abstract

Indonesian criminal procedure law currently stands at a crossroads between maintaining the formal rigidity of the contemporary Criminal Procedure Code (KUHAP) and the demands of global modernization. This article aims to examine in depth two crucial issues that are the primary focus of the current criminal procedure process: the digitalization of the judicial bureaucracy through the Integrated Electronic Criminal File System (e-Berpadu) and the institutionalization of restorative justice at the pre-trial stage. Using normative juridical research methods with a conceptual and legislative approach, this study outlines the regulatory asymmetry and potential human rights violations arising from the imposition of technology and the concept of restoration into conventional formal law. The analysis shows that the digital transition has the potential to reduce the defendant's right to confrontation, while the pluralism of restorative justice rules triggers legal uncertainty. This article recommends the need for regulatory unification in the new codification of criminal procedure law to ensure justice with legal certainty.