Analysis of the Implementation of Restorative Justice in Resolving Minor Assault Cases Based on Prosecutor's Regulation Number 15 of 2020

Abstract

The law seeks to maintain and regulate the balance between individual interests or desires, the presence of the law actually enforces a balance of treatment between individual rights and collective rights. Based on its nature, the law must be certain and fair so that it can function properly. In addition, the criminal justice system in Indonesia always ends in prison. In fact, prison is not the best solution in solving crime problems, especially crimes that cause damage to victims and society, so that the damaged conditions can be restored to their original state. This does not mean that the threat of criminal law is eliminated, but must consider the advantages and disadvantages of the threat of criminal law as an effort to heal. This study uses the type of empirical legal research. Empirical legal research is a legal research method that seeks to see the law in a real sense or can be said to see, examine how the law works in society, which then uses a research approach, a qualitative approach. Qualitative approaches are usually used to produce descriptive data in the form of written or spoken words from people or observed behavior, and then strengthened with primary data sources and secondary data sources. The application of restorative justice is considered to offer a more comprehensive and effective solution because it aims to empower victims, perpetrators, families, and communities to improve actions or consequences of unlawful acts. In order for the law to run properly, power is needed, but the existing power must not violate the rights and interests of individuals, because the law also functions as a protection of the interests of society.