Effectiveness of Implementing Restorative Justice at The Semarang State Attorney

Abstract

The basic principle of restorative justice is the provision of restoration to victims who suffer as a result of crime by providing compensation to the victim, peace, the perpetrator carrying out social work or other agreements. This writing aims to find out and analyze the implementation of restorative justice at the Semarang District Prosecutor's Office, obstacles to implementing restorative justice at the Semarang District Prosecutor's Office, and the effectiveness of implementing restorative justice at the Semarang District Prosecutor's Office. Research methods are a very important thing in research, both in sociological or empirical and normative research. Data analysis is carried out qualitatively, meaning that it describes the data in a quality manner in the form of sentences that are orderly, coherent, logical, non-overlapping and effective, making it easier to interpret the data and understand the results of the analysis. The analytical knife in this writing uses the theory of legal certainty, progressive legal theory, and the theory of legal effectiveness. The results of the research show that the implementation of terminating prosecution in criminal acts of theft based on restorative justice is seen in Article 140 Paragraph (2) letter a of the Criminal Procedure Code, the public prosecutor can stop prosecution, for the reasons: terminating prosecution for technical reasons and terminating prosecution for policy reasons. Obstacles in implementing the termination of prosecution for criminal acts of theft based on restorative justice are in the form of internal obstacles and external obstacles. The effectiveness of terminating prosecution in criminal acts of theft based on restorative justice is quite good, however, the effectiveness of resolving restorative justice in repeating criminal acts by perpetrators depends on each individual perpetrator. In several criminal cases, this restorative resolution makes the perpetrator realize his mistake and many regret it.