Implementation of Termination of Prosecution for Detention Crimes Through a Restorative Justice Approach (Case Study at the Banjar Regency District Prosecutor's Office)

Abstract

The crime of detention is a crime that cannot stand alone, but is a crime that begins with a predicate crime. However, to apply the detention article to a suspect, it is necessary to understand whether the suspect has the intention (mens rea) to act as a guardian or not. Prosecutors can terminate prosecution based on restorative justice against suspects who have committed criminal acts of detention if they fulfill the requirements in Attorney General Regulation Number 15 of 2020. The problem in this research is related to how to implement the termination of prosecution for criminal acts of detention using a restorative justice approach, then what are the obstacles in implementing the cessation of prosecution for criminal acts of appropriation through a restorative justice approach and how to solve the obstacles to implementing cessation of prosecution for criminal acts of appropriation through a restorative justice approach. This legal writing uses an empirical juridical approach with a descriptive research type. The data used is primary data and secondary data. Data collection methods were carried out using literature studies and interviews, and the data analysis method used was qualitative analysis. The research results showed that the Banjar Regency District Prosecutor's Office had implemented the termination of prosecutions based on a restorative justice approach in accordance with Prosecutor's Regulation Number 15 of 2020, and had a positive impact in fulfilling the community's sense of justice by balancing legal certainty and conscience.