Implementation of Termination of Prosecution Based on Restorative Justice in Cases of Domestic Violence (Case Study: Indragiri Hilir District Attorney's Office)

Abstract

Domestic violence remains a serious issue in Indonesia, including in Indragiri Hilir Regency, where most cases are resolved through mediation, withdrawal of reports, or restorative justice mechanisms as regulated in Prosecutorial Regulation Number 15 of 2020. This makes it important to examine the implementation and the obstacles encountered in its application within the criminal justice system. The purpose of this research is to analyze the implementation of prosecution termination based on restorative justice in domestic violence cases at the Indragiri Hilir District Prosecutor's Office; to analyze the obstacles and solutions in implementing prosecution termination based on restorative justice in domestic violence cases at the Indragiri Hilir District Prosecutor's Office; and to analyze the ideal regulatory framework for prosecution termination based on restorative justice in domestic violence cases in the future. The research approach used in preparing this thesis is empirical juridical research. The specification of this study is descriptive-analytical. The results of this study show that the implementation of restorative justice in domestic violence cases at the Indragiri Hilir District Prosecutor's Office is evident in the resolution of the TWS case, who committed minor physical violence against SBJ. After the submission of the stage-two dossier, the prosecutor assessed that the case met the requirements for restorative justice and facilitated a deliberation by bringing together the victim, the perpetrator, their families, and local community leaders. The dialogue proceeded without coercion until an unconditional settlement was reached, which then became the basis for terminating the prosecution. This process aligns with Tony Marshall's concept emphasizing the three pillars of restorative justice: encounter, through direct meetings between the victim and the perpetrator to foster mutual understanding; reparation, through acknowledgment of wrongdoing and commitment to repairing the relationship; and reintegration, through the offender's return to the social environment without stigma. The obstacles to implementing prosecution termination based on restorative justice in domestic violence cases at the Indragiri Hilir District Prosecutor's Office originate from three main dimensions of the legal system substance, structure, and legal culture. These include weak normative foundations due to the absence of restorative justice provisions in the Criminal Procedure Code (KUHAP), limited human resources, heavy workloads and complex administrative procedures within the prosecutor's office, as well as patriarchal culture and societal or institutional perspectives that equate justice with punishment, which in turn leads to victim hesitation. To address these challenges, it is necessary to strengthen the legal basis through the reformulation of Article 140 paragraph (2) of the KUHAP,improve structural capacity by increasing and specializing human resources, simplifying restorative justice procedures, and transforming legal culture through education and continuous public outreach involving community and religious leaders.