IMPLEMENTATION OF RESTORATIVE JUSTICE BY THE PROSECUTOR IN HANDLING GENERAL CRIMINAL CASES (At the Demak State Prosecutor's Office)

Abstract

Prosecutors' Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (Perja Termination of Prosecution) which is carried out on the basis of a fair case settlement by emphasizing restoration to its original state and not retaliation. In this regulation, it is emphasized to be able to prioritize conscience in resolving cases. The purpose of this study was to determine the implementation of the termination of prosecution of criminal cases on the basis of restorative justice and the obstacles of the public prosecutor in resolving cases using Restorative Justice.
The research approach used in this study uses an empirical juridical approach with a descriptive type of research. The problem approach used is using primary and secondary data obtained from literature studies and field studies and data processing is carried out by means of data evaluation, data classification and data systematization and then analyzed using qualitative analysis.
The results of the study indicate that the implementation of the termination of prosecution begins with the existence of a certain legal event that occurs in a certain community and at a certain time. If in a legal event it turns out that there is a strong suspicion that a criminal act has occurred. The termination of prosecution based on restorative justice is carried out within a period of 14 (fourteen) days after receipt of the handover of responsibility for the suspect and evidence from the investigator which consists of several stages as stipulated in the Perja on Termination of Prosecution. The most dominant obstacle is the short time in handling cases which has been regulated in the Discontinuation of Prosecution Service and other obstacles, namely the lack of understanding to forgive each other between victims and suspects which can hinder the peace process.
Keywords: Prosecutor, Termination of Prosecution, Restorative Justice