Reconstruction of Prosecution Termination Regulations in Law Enforcement by the Prosecutor's Office Based on Restorative Justice Values

Reconstruction of Prosecution Termination Regulations in Law Enforcement by the Prosecutor's Office Based on Restorative Justice Values

Registration ID: IJNRD_187792

Published ID: IJNRD2302219

DOI: Click Here to Get

Hartam Ediyanto , Sri Endah Wahyuningsih , Ramon Nofrial

Prosecution, Prosecutor's, and Restorative Justice, Reconstruction.

The regulation on the termination of prosecution in enforcing criminal law by the Prosecutor's Office is not based on the value of justice, because it only accommodates the value of restorative justice in a limited manner with various requirements and has not fully accommodated the settlement of cases outside the court in this case the interests of the victim and the interests of the perpetrator, as well as the interests of society towards settlement based on restorative justice. This study aims to analyze and find regulations on stopping prosecution in enforcing criminal law by the Attorney but not based on the value of justice, to analyze and find weaknesses in regulations on stopping prosecution in enforcing criminal law by the Attorney at this time, to find reconstruction of regulations on stopping prosecution in enforcing criminal law by Attorney based on the value of restorative justice. The paradigm of this research is to use the constructivism paradigm and the approach method used is normative juridical. The grand theory in this study is the Pancasila Theory of Justice, hereinafter the middle theory it is Legal System Theory, as well as Progressive Law Enforcement Theory as applied theory. The results of the research are that the regulation on stopping prosecution in enforcing criminal law by the Prosecutor's Office based on Perja Number 15 of 2020 has not been based on the value of justice, because it only accommodates the value of restorative justice in a limited way, and has not fully accommodated the settlement of cases outside the court in this case the interests of victims and the interests of perpetrators, as well as the community's interest in a settlement based on restorative justice . The weakness of the regulation on stopping prosecution in enforcing criminal law by the Attorney is only based on Article 140 paragraph (2) letter a of the Criminal Procedure Code which only accommodates the basis for technical termination of the completeness of evidence, besides that the weakness of the regulatory provisions of Perja Number 15 of 2020 still limits criminal acts that prosecution can be terminated based on restorative justice , even though the new Criminal Code does not place restrictions on criminal acts that are resolved outside the court, besides that the termination regulation requires a decision from the court , paragraph (2) letter a Law Number 8 of 1981 concerning Criminal Procedure Code.

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"Reconstruction of Prosecution Termination Regulations in Law Enforcement by the Prosecutor's Office Based on Restorative Justice Values", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.8, Issue 2, page no.c160-c166, February-2023, Available :https://ijnrd.org/papers/IJNRD2302219.pdf

Volume 8 Issue 2, February-2023

Pages : c160-c166

Paper Reg. ID: IJNRD_187792

Published Paper Id: IJNRD2302219

Downloads: 000121127

Research Area: Social Science and Humanities 

Country: Kota Semarang, Jawa Tengah, Indonesia

Published Paper PDF: https://ijnrd.org/papers/IJNRD2302219.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2302219

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

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This work is licensed under a Creative Commons Attribution 4.0 International License and The Open Definition

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