RESTORATIVE JUSTICE POLICY IN HANDLING GENERAL CRIMINAL ACTIONS BY THE PROSECUTOR BASED ON PERJA 15 OF 2020

Abstract

The research objectives of this study: 1). to find and analyze how restorative justice policies are used in handling general criminal acts by the Prosecutor's Office based on Perja 15 of 2020; 2). to find and analyze what are the obstacles and solutions to restorative justice policies in handling general crimes by the Prosecutor's Office based on Perja 15 of 2020. This research uses a sociological juridical approach, with analytical descriptive research methods. The data used is primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using legal policy theory and Restorative Justice Theory. The results of the research conclude that: 1) RJ's policy in handling general criminal acts by the prosecutor's office is based on regulation 15 that restorative justice is the resolution of criminal cases carried out without going through the criminal justice system, but by involving victims, perpetrators and third parties as mediators. - use deliberation to reach a win-win solution. Settlement of criminal traffic accident cases through restorative justice has actually been fulfilled. It is stated in Article 3 of the Republic of Indonesia Prosecutor's Regulation No. 15 of 2020 states that the public prosecutor has the authority to close cases for legal purposes. 2). Obstacles Obstacles in implementing Restorative Justice in resolving cases at the Prosecutor's Office include: a) Limited time. b) One party does not want to make peace; c) The amount of compensation is so large that it is difficult for the perpetrator or family to fulfill it; d) Lack of legal socialization in society. Then, an inhibiting factor that often occurs in society is the large amount of compensation set by the victim or family so that it is difficult for the perpetrator or family to fulfill it. This means that ordinary people do not understand the essence of the principles of Restorative Justice and there is a lack of legal socialization in society. is often overlooked by law enforcers as the most important inhibiting factor in the implementation of Restorative Justice.