Legal Analysis of Termination of Prosecution by the Prosecutor Through Restorative Justice (Case Study of Attempted Theft Under Article 362 of the Kuhp in Conjunction with Article 53 of the KUHP at the District Prosecutor's Office of South Ogan Komering Ulu)

Abstract

This study aims to determine the role of prosecutors in law enforcement not always making prosecution efforts through court mechanisms, but prosecutors also act as facilitators in efforts to stop prosecution through restorative justice, namely resolving criminal cases by involving perpetrators, victims, families of perpetrators/victims, and other related parties to jointly seek a fair solution by emphasizing restoration to the original state, and not revenge. This method is carried out through a normative juridical approach with research specifications used analytical descriptive research because it only describes the object that is the problem which then analyzes which in this case is regarding attempted theft which was carried out by stopping prosecution through restorative justice at the South OKU District Attorney's Office which in this case is guided by the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 Concerning Termination of Prosecution Based on Restorative Justice. The results of this study show that prosecutors with the principle of dominus litis inherent in their authority can make efforts to stop prosecution through restorative justice for the sake of legal interests by considering the subject, object, category of threat of criminal acts, background to the occurrence of criminal acts, losses or consequences arising from criminal acts, restoration to the original state and the existence of peace between the victim and the suspect and so on.