The Authority Of The Prosecution In Restorative Justice Resolution Of Children's Cases Based On Justice Values

Abstract

The purpose of this research is to provide the authority of the Prosecutor in resolving children's cases using Restorative Justice based on justice values, to find out and analyze the obstacles and solutions of Prosecutors in resolving children's cases using Restorative Justice, and to know and analyze the resolution of children's cases using restorative justice in the future. 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 In carrying out his prosecution, the prosecutor acts in the name and on behalf of the state and is responsible according to a hierarchical system. In carrying out a trial, the prosecutor must have accurate evidence for the sake of justice and truth based on faith in God Almighty. As an executor in carrying out his role and authority, the Prosecutor acts in accordance with the law and pays attention to religious and moral norms, and has an obligation to understand the human values, law and justice that exist in society. Legal substance concerns applicable laws and regulations which have binding force and serve as guidelines for law enforcement officials. Starting from this legal system, there are also visible obstacles in terms of norms. The time period given by the law for resolving children's cases does not include a time limit for examining files from investigators, a time limit for carrying out diversion, and a time limit for waiting for the results of community research from correctional agencies. Legal culture concerns legal culture. Starting from this legal system, it can also be seen that there are obstacles related to society's attitude which prioritizes "ego" over benefit. Resolving child crimes cannot be equated with crimes committed by adults. The factors that cause children to commit crimes also need to be seen as part of why children commit crimes. There needs to be a new model in the future that will be the engine for handling children outside of court.