THE PROSECUTOR'S AUTHORITY IN CRIMINAL ENFORCEMENT WITH A RESTORATIVE JUSTICE APPROACH

R. Budi Haryanto

Abstract


At present, the community pays serious attention to law enforcement, especially the judicial process, especially small cases that are brought to court, and the community considers this to be contrary to the value of justice in society, so that these small cases should be resolved off track. law, namely through restorative justice. Prosecutors can use their powers to rule out the case. Prosecutors are expected to be able to implement a restorative justice approach in carrying out their duties and functions as Public Prosecutors. The purpose of this research is to find out and examine the authority of the Prosecutor's Office in enforcing criminal law with a restorative justice approach. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are primary data and secondary data obtained through interviews and literature study, then analyzed qualitatively. The results of this study are the authority of the Prosecutor's Office in law enforcement of criminal acts with a restorative justice approach based on the principle of opportunity or the principle of discretion to demand, which is regulated in Article 35 letter c of Law Number 16 of 2004 and the Elucidation of Article 77 of the Criminal Procedure Code.

 

Keywords: Authority, Prosecutor's Office, Law Enforcement, Crime, Restorative Justice

Refbacks

  • There are currently no refbacks.