Implementation of Restorative Justice in Justice-Based Criminal Law Enforcement of Persecution (Case Study Number: PDM-44/Pekal/Eoh.2/09/2022)

Abstract

The concept of restorative justice is currently a priority in resolving criminal cases, including criminal acts of abuse. In this case, the Prosecutor's Office issued Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This regulation gives hope to the public, who have often highlighted minor criminal cases that are not worthy of proceeding to trial. On the other hand, the implementation of restorative justice has many weaknesses and can even give rise to legal uncertainty. This research aims to determine and analyze the current implementation of law enforcement for criminal acts of abuse, to analyze the weaknesses in the implementation of restorative justice in current law enforcement for criminal acts of abuse and to determine the implementation of restorative justice in law enforcement for justice-based criminal acts of abuse Case Number: PDM-44/ Pekal/Eoh.2/09/2022. This research uses a sociological juridical approach, the research specifications are analytical descriptive, the types of data used are primary data and secondary data. The data collection method is field study and literature study, while the data analysis method is qualitative analysis. The theories used are legal effectiveness theory, justice theory and progressive legal theory. Based on the research results, it can be concluded that the implementation of law enforcement for criminal acts of abuse is currently carried out based on the provisions of the Criminal Procedure Code and the Prosecutor's Law, and Perja Number 15 of 2020, namely if there is a peace agreement then it is resolved based on restorative justice, and if the parties are not willing then it continues with the prosecution process. . The current weakness in implementing restorative justice in law enforcement for criminal acts of abuse is the absence of statutory regulations governing the implementation of restorative justice to ensure legal certainty, the potential for criminal acts of corruption to occur, and the absence of horizontal supervision between institutions. The implementation of restorative justice in law enforcement for justice-based criminal acts of persecution in Case Number: PDM-44/Pekal/Eoh.2/09/2022 is that the public prosecutor offers a resolution based on restorative justice which is then agreed to by the parties. The Public Prosecutor facilitated a peace process which was attended by the perpetrator and the victim, local village officials, namely the sub-district head and RT head. After a peace agreement is reached, the public prosecutor completes the administration to terminate the prosecution.