The Domination of the Prosecutor's Office Changes the Sentencing Paradigm Towards Restorative Justice

Abstract

The aim of this research is to determine and analyze the role of the Prosecutor's Office in seeking restorative justice according to authority. In this writing the author uses a normative juridical method with research specifications in the form of descriptive analysis. The position of the prosecutor is the main and strategic axis in the criminal law enforcement process. Because it plays a role from the start of the investigation (pre-adjudication stage), prosecution and examination in court (adjudication stage), up to the implementation of the court decision (post-adjudication stage). The Attorney General's Office issued prosecutor's regulation number 15 of 2020 concerning stopping prosecutions based on restorative justice. Another background to this regulation is that the Prosecutor's Regulations which were stipulated on 21 July 2020 give the Public Prosecutor (JPU) the right to stop prosecuting cases against defendants in cases certain, if the parties involved have agreed to make peace. Termination of Prosecution Based on Restorative Justice which is regulated in Attorney General Regulation Number 15 of 2020, guidelines for Public Prosecutors to stop prosecutions by paying attention to justice, public interest, proportionality, punishment as a last resort, and fast, simple and low cost. There are 2 (two) types of methods for terminating case prosecution, including peace efforts and peace processes.