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Journal : Ranah Research : Journal of Multidisciplinary Research and Development

Implementasi Restitusi Oleh Jaksa Penuntut Umum Terhadap Anak Korban Tindak Pidana Berdasarkan Penetapan Pengadilan (Studi Kasus Penetapan Nomor 1/RES.PID/2023/PN BKT) Fachrie, Yogie; Zurnetti, Aria; Rias, Irzal
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 6 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i6.1895

Abstract

When restitution (compensation) cannot be fulfilled by the perpetrator for various reasons, an alternative that is usually used is a substitute punishment. By examining Court Determination Number 1/Res.Pid/2023/PN Bkt, which does not formulate a substitute punishment, the Public Prosecutor (JPU) will encounter difficulties in executing the determination. To further study this issue, the problems addressed in this thesis are : 1) How is the implementation of restitution by the Public Prosecutor for child victims of criminal acts based on Court Determination Number 1/Res.Pid/2023/PN Bk?, 2) hat are the judge’s considerations in determining restitution for child victims of criminal acts based on Court Determination Number 1/Res.Pid/2023/PN Bkt?, 3) hat are the obstacles encountered in the implementation of restitution, whether based on court verdicts or judicial determinations, in cases where restitution is not paid to child victims of criminal acts?. This study employs empirical (sociological) legal research. The research approach used includes the statutory approach and case approach through Court Determination Number 1/Res.Pid/2023/PN Bkt, with the research being descriptive in nature. The findings and analysis are as follows: 1) The prosecutor cannot directly seize the perpetrator’s assets if the convict/respondent is unable to pay the restitution as determined by the judge, resulting in the judge's determination being unenforceable by the Public Prosecutor. 2)The legal considerations in Court Determination Number 1/Res.Pid/2023/PN Bkt do not mention legal protection for children at all, even though the case involves a child as a victim of a criminal act. According to existing laws and regulations, such cases must be resolved through approaches that go beyond formal legal mechanisms. 3) The obstacles found in the implementation of restitution based on the judge's determination are influenced by several factors Legal factors (regulations), Law enforcement factors (law enforcement officers), Community factors (individuals)
Penyelesaian Tindak Pidana Melalui Mediasi Penal pada Tingkat Penuntutan berdasarkan Peraturan Kejaksaan Nomor 15 Tahun 2020 Tentang Penghentian Penuntutan Berdasarkan Keadilan Restoratif (Studi Pada Kejaksaan Negeri Sijunjung) Ghifari, Teguh; Zurnetti, Aria; Yasniwati, Yasniwati
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 6 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i6.1896

Abstract

The development of criminal law has encouraged the implementation of penal mediation as an alternative for resolving criminal cases. This study aims to analyze: (1) the resolution of criminal acts through penal mediation based on the Attorney General Regulation Number 15 of 2020 at the prosecution level in Sijunjung District Attorney’s Office; (2) the considerations for appointing a Facilitator Prosecutor within the Restorative Justice framework; and (3) the obstacles in implementing penal mediation. This research employs an empirical legal (sociological) approach with a descriptive method. The findings indicate that the Public Prosecutor acts as a third party facilitating deliberations between the victim and the offender until an agreement is reached; the appointment of a Facilitator Prosecutor considers integrity, competence, communication skills, experience, and caseload; and the main obstacles include negative public perceptions of case termination, limited public understanding of restorative justice, and a short duration for peace-making processes. The study highlights the crucial role of Prosecutors in supporting criminal case resolution through penal mediation.