The Implementation of the Prosecution’s Terimination on Criminal Acts fo Torture in a Restorative Justice Perspective

Abstract

A criminal act is an unlawful act committed by a person and deserves to be punished according to his mistake as formulated in the Act. The sense of justice that is expected from law enforcement has not been enjoyed by the people in this country. Moreover, as is known, the criminal justice system in Indonesia does not regulate many victims. So it can be concluded that the principle of Restorative Justice is a choice in designing a country's legal system.
This legal writing uses a sociological juridical approach with descriptive research type to present a complete picture by describing a number of variables related to the problem under study. The data used are primary data and secondary data. Methods of data collection is done by literature study and interviews. The data analysis method used is qualitative analysis.
The results showed that the application of the principle of Restorative Justice in the Pemalang District Attorney's Office based on the Prosecutor's Regulation No. 15 of 2020 had been applied, where in this application the Prosecutor's Office prioritized restorative efforts in cases of persecution. For the obstacles faced in the application of Restorative Justice, among others, in the prosecutor's regulation itself there is no information about what parameters the public prosecutor uses in deciding a criminal case, families who do not want to forgive the perpetrators' mistakes and understanding of the implementation of the Restorative Justice approach. Efforts have been made to socialize the regulations by the prosecutor's office to the public so that the public understands the rules and restorative approaches, as well as the application of the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, which must be more efficient and not go through too many processes.

Keywords: Prosecution’s Terimination, Criminal Acts fo Torture, Restorative Justice.