Implementation of the Policy for Terminating Prosecution of Crimes of Theft Using Restorative Justice in the Prosecutor's Regulations of the Republic of Indonesia

Abstract

Settlement of criminal cases by prioritizing restorative justice which emphasizes restoration to the original state and a balance of protection and interests of victims and perpetrators of criminal acts that is not oriented towards retribution is a need for society and a mechanism that must be built in the implementation of prosecutorial authority and system reform. criminal justice. The focus of the discussion in this thesis is how to implement the policy of terminating prosecution for crimes of theft using Restorative Justice in the Republic of Indonesia Prosecutor's regulations, the obstacles and solutions as well as restorative justice policies in the future.
The approach method in this research uses empirical juridical in this research to analyze problems by combining secondary data with primary data obtained in the field. The results of the research conclude that the policy of terminating the prosecution of minor crimes by the Prosecutor's Office of the Republic of Indonesia based on Restorative Justice has now begun to be implemented. Termination of prosecution based on restorative justice has fulfilled society's sense of justice by balancing legal certainty and conscience. Based on Article 5 Paragraph 1 of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. In its implementation, there are several obstacles regarding the determined nominal value and the active role of law enforcement officials in implementing law enforcement based on restorative justice. Termination of the prosecution of criminal acts of theft using Restorative Justice in the Republic of Indonesia's prosecutor's regulations in the future has been conceptualized in the Draft Criminal Code