The Urgency of Implementing Restorative Justice as the Absolute Authority of the Indonesian Attorney General's Office in the Criminal Justice System in Indonesia

Abstract

In the development of criminal law, the term restorative justice is known. This development is because the restributive system that has been applied so far has not been able to fully fulfill the sense of justice for the community. Criminal law according to retributive justice is an orientation of justice aimed at violators and solely because of violations of the law, violations of criminal law are violations of state rights so that the victim of the crime is the state, so that the concept of retributive justice does not provide a place for protection for victims. Given that victims of criminal acts can not only experience material losses but are very likely to experience immaterial losses. The definition of restorative justice is an effort to provide a restoration of relationships and redemption of mistakes that the perpetrator of the crime (his family) wants to do to the victim of the crime (his family) (peace efforts) outside the court with the intention and purpose that legal problems arising from the occurrence of the criminal act can be resolved properly by reaching an agreement and agreement between the parties. This research is a type of Normative Research, with the specifications of Descriptive Analytical Research, using research methods obtained by researchers indirectly through intermediary media and using library techniques, in analyzing the formulation of the problem using the Law Enforcement Theory, Authority Theory and Progressive Legal Theory. Restorative Justice is currently not only the concern of the Attorney General's Office, but also several agencies in the Criminal Justice System in Indonesia, such as the Supreme Court and the Indonesian National Police.