Law Enforcement Through a Restorative Justice Approach in the Settlement of Criminal Cases by the Prosecutor's Office

Abstract

As a democratic country and a country of law, Indonesia wants legal justice for all levels of society. This is clearly stated in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia concerning equal rights before the law. In order to realize this idea, one of the ways is through efforts to optimizerestorative justicein the settlement of criminal cases by the Prosecutor's Office. However, this idea has not yet been fully realized. This research aims toanalyzing the law enforcement process in the Settlement of Criminal Cases by the Prosecutor's Office through a restorative justice approach can provide justice for the parties to the case To analyze the effectiveness of the settlement of criminal cases by the Prosecutor's Office through a restorative justice approach. This thesis uses a qualitative approach with a case study. Based on the results of the study, it is known that the implementation of the restorative justice system in criminal cases in the jurisdiction of the Cirebon City District Attorney's Office has not been implemented effectively, this is indicated by the fact that there has been no settlement of criminal cases through non-penal channels; Factors that influence the implementation of the restorative justice system in criminal cases in the jurisdiction of the Cirebon City District Attorney's Office are victims who do not want the restorative justice path, perpetrators often do not commit to the results of the agreement to resolve criminal cases through restorative justice, and law enforcers who cannot enforce the implementation of legal settlement through restorative justice.