Implementation of Restorative Justice by the Prosecutor's Office in Settlement of General Criminal Cases (Study of The Kebumen District Prosecutor's Office)

Muhammad Fariza

Abstract


This study aims to determine, examine, and analyze: (1) the implementation of restorative justice by the prosecutor's office in resolving general criminal cases at the Kebumen District Attorney's Office, (2) the obstacles and solutions in the implementation of restorative justice by the prosecutor's office in resolving general criminal cases at the Kebumen District Attorney's Office, (3) as well as the conception of the implementation of restorative justice by the prosecutor's office in resolving general criminal cases in the future based on the Value of Justice. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. Based on the results of the study, it can be concluded that (1) the implementation of restorative justice by the prosecutor's office in resolving general criminal cases at the Kebumen District Attorney's Office is carried out based on the Prosecutor's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. (2) Obstacles and solutions in the implementation of restorative justice by the prosecutor's office in resolving general criminal cases at the Kebumen District Attorney's Office are in the field of legal factors themselves, law enforcement factors, legal facilities or infrastructure factors, community factors, and also cultural factors, where the cultural factor is not considered an obstacle. To address these obstacles, the Kebumen District Attorney's Office is using a solution by conducting socialization about prosecutorial regulations to the public. (3) The concept of implementing restorative justice by the prosecutor's office in resolving general criminal cases in the future based on the Value of Justice, with existing rules and policies, can be formulated into a legal regulation to provide legal certainty, legal strength, and a clear legal basis for law enforcement officers in applying restorative justice.

Keywords


Human Rights, Legal Studies

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References


Journals:

Claessen, et al, 2015 quoted from Wolthuis, et al, 2019, Dutch Developments: Restorative Justice in Legislation and In Practice, The International Journal of Restorative Justice, April 2019.

Eko Syaputra, Implementation of the Restorative Justice Concept in the Criminal Justice System in the Future, lex lata Scientific Journal of Law, Faculty of Law, Sriwijaya University, Vol. 3, No. 2, July 2021.

Ferry Irawan Febriansyah, Justice Based on Pancasila as the Philosophical and Ideological Basis of the Nation, GiH Journal of Legal Studies, 2017.

Prayogi Widodo, Obstacles to the Implementation of Termination of Prosecution of Criminal Cases Based on Restorative Justice, Ius Publicum Law Journal, Vol. 4, No. 2, November 2023.

Rudy Arinugroho and Bambang Santoso, Obstacles to the Principle of Restorative Justice in the Process of Abuse Cases, Verstek Vol 11 No. 4, 2023.

Books:

Achjani Zulfa, Eva. 2011. Shifting Paradigms of Criminalization. Bandung: Lubuk Agung.

Apong Herlina, et al. 2004. Protection of Children in Conflict with the Law. Jakarta: PT Raja Grafindo Persada.

Liebmann, Marian. 2007. Restorative Justice, how it Works. London and Philadelphia: Jessica Kingsley Publushers.

Manan, Bagir. 2015. Restorative Justice (An Introduction): Reflection of the Dynamics of Series Law in the Last Decade. Jakarta: State Printing Company of the Republic of Indonesia.

Praise Prayitno, Kuat. 2013. “Restorative Justice”, Postgraduate Program in Law: Jenderal Soedirman University, Purwokerto.

Soekanto, Soerjono. 1988. Effectiveness of Law and Application of Sanctions. Bandung: CV. Ramadja Karya.

Soekanto, Soerjono. 2007. Factors Influencing Law Enforcement. Jakarta: PT Raja Grafindo Persada.

Winarno, Budi. 2012. Public Policy (Theory, Process, and Case Study). Yogyakarta: CAPS.

Legislation:

Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice.

Criminal Code (KUHP).

Criminal Procedure Code (KUHAP).

Law of the Republic of Indonesia Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia.

The 1945 Constitution of the Republic of Indonesia.

Internet:

https://fahum.umsu.ac.id/restorative-justice-pengertian-dasar- Hukum-jual-dan-penerapan/,

https://www. Hukumonline.com/berita/a/mengenal-restorative-justice-lt62b063989c193/

https://business-law.binus.ac.id/2018/12/26/penegakan-law-problem-apa/,

Interview:

Head of the General Crime Section of the Kebumen District Attorney's Office on October 13, 2024.

Public Prosecutor of the Kebumen District Attorney's Office on October 13, 2024.


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ISSN: 2986-4089