Restorative Justice As A Model For Termination Of Criminal Prosecutions

Abstract

Through the authority of the prosecutor's office, it is very appropriate to apply the concept of restorative justice as an effort to close cases for legal purposes. The legal breakthrough made by the prosecutor's office to realize justice with a restorative justice approach in the realm of prosecution is currently being realized by issuing Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. The purpose of this study is to examine the essence of the application of restorative justice as a model for terminating prosecution of criminal cases and to examine the model for terminating prosecution of criminal cases based on Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. The method used in this research is normative legal research using statutory, conceptual, and case approaches. The results of the study indicate that the concept of restorative justice is a frame of mind to find a way out in deciding actions in accordance with the conditions of the perpetrators of the crime. The concept aims to create humane justice, bringing victims and perpetrators together to solve problems that occur. Thus, the application of Restorative Justice in the criminal justice system in Indonesia is part of the reform of the criminal law system that applies in the future. In addition, with the issuance of Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, it has had a very significant impact based on the results of the first semester evaluation dated December 31, 2020, there were requests for 271 criminal cases to be resolved in restorative justice.