RECONSTRUCTION OF PLEA BARGAINING NORMS FROM THE PERSPECTIVE OF JAVANESE LOCAL WISDOM “NGAKU LEPET” (A CASE STUDY OF CRIMINAL CASE NUMBER 122/Pid.B/2021/PN Pbg)

Abstract

The regulation of plea bargaining constitutes a novel provision under Law of the Republic of Indonesia Number 25 of 2025 concerning the Indonesian Criminal Procedure Code (National KUHAP) and merits scholarly examination. Plea bargaining is intended to realize the principles of a swift, simple, and cost-efficient judicial process. However, its regulatory framework tends to prioritize the interests of the defendant and the efficiency of the criminal justice system, without providing adequate space for victim restoration. This article proposes a reconstruction of plea bargaining norms through the lens of Javanese local wisdom, namely the concept of ngaku lepet (an acknowledgment of wrongdoing accompanied by an apology), as a normative foundation to ensure restorative justice. Through a case study of assault case Number 122/Pid.B/2021/PN Purbalingga, this article demonstrates that practices of confession and victim forgiveness have long occurred in court proceedings, yet lacked legal implications due to limitations within Law of the Republic of Indonesia Number 8 of 1981 concerning Criminal Procedure (Old KUHAP). The findings underscore that integrating plea bargaining with the concept of ngaku lepet holds significant potential to strengthen victim protection, reduce judicial burdens, and promote substantive justice that is contextualized within Indonesia’s socio-cultural values.