The Effectiveness of Implementing Restorative Justice in Terminating Prosecution of Theft Crimes Based on Legal Certainty Faisol Askhabul Amri1) & Andri Winjaya Laksana2)

Abstract

Criminal law enforcement in Indonesia is currently experiencing a paradigm shift from a retributive approach to a more humanistic approach through the concept of restorative justice. The Prosecutor's Office as a law enforcement agency has an important role in implementing the mechanism for terminating prosecution based on restorative justice as regulated in Attorney General Regulation Number 15 of 2020This research aims to find out and analyze effectiveness of implementation restorative justice in terminating the prosecution of the crime of theft at the Tegal Regency District Attorney's Office and how its implementation can realize legal certainty for the parties involved. This research use sempirical juridical method with a qualitative approach. Data were obtained through interviews with prosecutors, relevant law enforcement officers, as well as victims and perpetrators involved in the process. restorative justice, accompanied by a review of relevant legal documents and regulations. The analysis was conducted descriptively, assessing aspects of effectiveness, legal certainty, and fairness for the parties. The results of the study show that the implementation of restorative justice in the theft case at the Tegal District Attorney's Office, the case has been on going quite effective, because it can resolve cases quickly, simply, and cost-effectively, while prioritizing the restoration of relationships between victims and perpetrators. However, there are still obstacles such as a lack of public understanding of the concept of restorative justice and limited technical guidelines for assessing the suitability of cases. Nevertheless, the implementation of restorative justice is still promising. restorative justice stay in line with the principles legal certainty, because it is carried out based on a clear legal basis and transparent mechanisms in accordance with the provisions of the Attorney General's Regulation. Thus, restorative justice in the termination of prosecution of the crime of theft at the Tegal District Attorney's Office, it can be said effective and fulfills the principle of legal certainty, although there is still a need to improve understanding and strengthen technical regulations so that implementation is more optimal.

Criminal law enforcement in Indonesia is currently experiencing a paradigm shift from a retributive approach to a more humanistic approach through the concept ofrestorative justice. The Prosecutor's Office as a law enforcement agency has an important role in implementing the mechanism for terminating prosecution based on restorative justice as regulated in Attorney General Regulation Number 15 of 2020This research aims to find out and analyze effectiveness of implementation restorative justice in terminating the prosecution of the crime of theft at the Tegal Regency District Attorney's Office and how its implementation can realizelegal certainty for the parties involved. This research use sempirical juridical method with a qualitative approach. Data were obtained through interviews with prosecutors, relevant law enforcement officers, as well as victims and perpetrators involved in the process.restorative justice, accompanied by a review of relevant legal documents and regulations. The analysis was conducted descriptively, assessing aspects of effectiveness, legal certainty, and fairness for the parties. The results of the study show that the implementation ofrestorative justicein the theft case at the Tegal District Attorney's Office, the case has been ongoingquite effective, because it can resolve cases quickly, simply, and cost-effectively, while prioritizing the restoration of relationships between victims and perpetrators. However, there are still obstacles such as a lack of public understanding of the concept of restorative justice and limited technical guidelines for assessing the suitability of cases. Nevertheless, the implementation of restorative justice is still promising.restorative justicestay in line with the principles legal certainty, because it is carried out based on a clear legal basis and transparent mechanisms in accordance with the provisions of the Attorney General's Regulation. Thus,restorative justicein the termination of prosecution of the crime of theft at the Tegal District Attorney's Office, it can be said effective and fulfills the principle of legal certainty, although there is still a need to improve understanding and strengthen technical regulations so that implementation is more optimal.