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All Journal JUSTICIA SAINS: Jurnal Ilmu Hukum
Sadewa Wenas Arkananta
Universitas Pembangunan Nasional "Veteran" Jawa Timur
Law, Crime, Criminology & Criminal Justice

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Penentuan Kelayakan Restorative Justice Pada Perkara Pencurian Di Kejaksaan Negeri Jombang Sadewa Wenas Arkananta; Yana Indawati
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 11, No 1 (2026): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v11i1.4941

Abstract

This study aims to examine the prosecutor's authority in determining the appropriateness of restorative justice in theft cases at the prosecution stage, as well as to analyze the obstacles and efforts in its implementation. The method used is empirical juridical with a statutory regulatory approach and field research at the Jombang District Attorney's Office. The results of the study indicate that prosecutors have a strategic role as case controllers in assessing the appropriateness of restorative justice through consideration of legal and sociological aspects, as well as the interests of victims and perpetrators. However, in practice, the implementation of restorative justice still faces various obstacles, including differences in perceptions between the parties and prosecutors' caution in using prosecutorial discretion. Therefore, continuous efforts are needed to improve the professionalism of prosecutors and strengthen the understanding of the parties so that the implementation of restorative justice can be effective and fair.
Co-Authors Yana Indawati