Restorative Justice Policy by the Prosecutor's Office as the Effectiveness of Criminal Case Resolution

Abstract

The purpose of this study is to examine and analyze the functional restorative justice of the Prosecutor's Office towards the resolution of criminal cases. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice shows the existence of the Prosecutor's Office in handling criminal cases by prioritizing a sense of justice. This step can change the paradigm of society towards public prosecutors as law enforcement officers in resolving criminal cases to be more humane and not arrogant by prioritizing a sense of justice for all parties and restoring them to their original state. The Prosecutor's Office as the controller of the case process (Dominus Litis), has a central position in law enforcement, because only the Prosecutor's Office institution can determine whether a case can be submitted to the Court or not based on valid evidence according to the Criminal Procedure Law. In this case, the policy of the Prosecutor's regulation regarding restorative justice can realize legal effectiveness for the conditions of punishment in Indonesia.