Effectiveness of Terminating Prosecutions of Children In Conference With Restorative Justice Based on Law

Abstract

The prosecutor's office is an institution that is under executive power. Meanwhile, when viewed from the perspective of the prosecutor's authority in carrying out prosecutions, it means that the prosecutor's office exercises judicial power. This legal research uses an empirical legal research approach. Empirical juridical research, namely legal research using legal principles and principles in reviewing, viewing and analyzing problems in research, in addition to reviewing the implementation of law in practice. At the Prosecution Level, as has been refined by the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, as an effort to realize the most basic substance in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, namely the regulation of diversion and restorative justice which aims to avoid and distance children from the justice process so that children as perpetrators of criminal acts are free from stigmatization and it is hoped that children can return to society naturally. Obstacles originating from internal factors include: Prosecutors as law enforcers, there is still a lack of understanding in applying the criteria for terminating prosecution based on restorative justice, time limits for implementing restorative justice, efforts to carry out restorative justice deliberations by law enforcers, in this case the Prosecutor's Office as prosecutor In general, there are still problems with the time limit for carrying out restorative justice deliberations.