Effectiveness of Termination of Prosecution Implementation in Handling Minor Crimes Based on Restorative Justice (Case Study at the Central Java High Prosecutor's Office)

Abstract

Minor Crimes are a type of crime that can be classified into the examination of minor crimes. The objectives of this study are: 1) to determine and analyze the implementation of termination of prosecution in handling minor crimes today; 2) to determine and analyze the weaknesses in the implementation of termination of prosecution in handling minor crimes today; 3) to determine and analyze the effectiveness of the implementation of termination of prosecution in handling minor crimes based on restorative justice. This study uses a sociological juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of justice, Lawrence Friedman's legal system theory and progressive legal theory. The results of the study concluded that: 1) The implementation of restorative justice in handling minor criminal acts that in the settlement with restorative is carried out with the provision that peace has begun between the perpetrator, victim, perpetrator's family and community leaders who are in dispute with or without compensation after reaching a peace agreement the parties make a peace agreement signed by the related parties; 2). Obstacles to the implementation of restorative justice in handling minor criminal acts include legal factors, community factors, facility factors, law enforcement factors, cultural factors. From a legal perspective, restorative justice in minor criminal cases has not been clearly regulated and this is an obstacle for law enforcement officers in implementing restorative justice. From a law enforcement perspective, the low understanding of Polri members who are minimal about restorative justice is something that affects the implementation of the restorative justice concept. From a facility perspective, the low level of socialization from the police to the community is because the budget provided is insufficient, while other priority programs must be implemented. From a community perspective, the community does not comply with the law because of many factors that exist in the community/social conditions such as low trust from the community towards law enforcement officers. From the cultural factor that there is a mindset that crimes must be repaid and given punishment to deter perpetrators of crimes. Community habits such as vigilante behavior against perpetrators of minor crimes are obstacles in implementing restorative justice.