Regulations on Termination of Prosecution of Criminal Acts of Assault Based on Restorative Justice

Abstract

This study aims to determine and analyze the application of restorative justice-based termination of prosecution for assault crimes. This study aims to identify and analyze the weaknesses in the current application of termination of prosecution for assault crimes. This study is a normative juridical study. approach method legislation, case approach, the research specifications are descriptive analysis, the data sources used are secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through literature studies and analysis techniques using qualitative. The results of the study indicate that the application of termination of prosecution for criminal acts of assault based on restorative justice can only be carried out with the condition that the criminal threat is below five years in accordance with the requirements in Law Number 20 of 2025 concerning the Criminal Procedure Code, and the Attorney General's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. There are weaknesses in the legal structure including limited human resources and facilities, political intervention and corruption, heavy workloads, and a lack of understanding of the concept of restorative justice among law enforcement officers. Weaknesses in the legal substance include, first, regarding the limits of criminal threats; second, the consistency of the implementation of restorative efforts; third, regarding the legal implications for the perpetrator; and fourth, regarding the choice of examination procedures. Weaknesses in the legal culture include, a lack of public understanding of law, a decline in public trust in law enforcement officers, and a legal culture that is difficult to forgive.