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All Journal Ajudikasi : Jurnal Ilmu Hukum Audito Comparative Law Journal (ACLJ) International Journal of Humanities Education and Social Sciences
Sasongko, Andy
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Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Roles of Public Prosecutor's Office in Restorative Justice: A Focus on Prosecution Discontinuation Regulations Sasongko, Andy
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7377

Abstract

The implementation of restorative justice in criminal cases is crucial for upholding humanitarian values that prioritize the recovery and protection of both victims and offenders. This approach seeks to restore the situation to its original state without solely focusing on punishing the perpetrator, marking a paradigm shift towards reconciliation and healing. In Indonesia, restorative justice aligns with the societal need for more inclusive prosecutorial and judicial authority. Pre-court resolution of criminal cases must explore the potential for resolution before reaching a conviction. The Prosecutor's Office of the Republic of Indonesia holds a central role in executing this approach.The issuance of Prosecution Regulations Republic of Indonesia Number 15 of 2020, concerning the Termination of Prosecution Based on Restorative Justice, provides concrete guidance for the Attorney General of the Republic of Indonesia. This regulation emphasizes the recovery and protection of victims, aligning with broader aspects of humanity and justice. The primary objective is to establish public order, justice, truth, and legal certainty based on existing laws and values such as morality, religious norms, and courtesy. The Prosecution Regulations aims to encourage a more humane and conscientious approach by the Public Prosecutor, prioritizing the recovery of victims and the rehabilitation of offenders. This departure from traditional punitive thinking contributes positively to society. As an integral part of Indonesia's criminal justice system, the Prosecutor's Office bears significant responsibility in creating legal certainty, truth, legal order, and justice based on human values, morality, courtesy, and religious norms.This shift reflects a positive change in a criminal justice system that increasingly emphasizes inclusivity and social healing. Restorative justice goes beyond being a conceptual framework; it signifies a commitment to instigate positive transformations in the handling of criminal cases in Indonesia, ensuring that human values and justice form the bedrock of the justice system.
The Application of the Legal Function of the State Attorney to Realize Legal Certainty in Civil and State Administrative Cases Sasongko, Andy
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 5 (2024): IJHESS APRIL 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i5.956

Abstract

Law of the Republic of Indonesia Number 11 of 2021 amending Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, stipulates the authority of the Prosecutor's Office in the field of Civil and State Administration (DATUN). In this context, the State Attorney (JPN) plays an important role in ensuring legal certainty, justice and expediency in DATUN cases. This article explores the legal function of JPN and its relevance to the study of legal philosophy. This article is based on normative juridical research to show that the JPN has a significant legal function in creating legal certainty in administrative law cases. The JPN's authority is supported by regulations such as the Prosecutor's Law and the Attorney General's Regulation which emphasize the vital role of the Prosecutor's Office in ensuring legal certainty globally, both inside and outside the Court, on behalf of the State or the Government.
Do Prosecutors Have The Authority To Realize The Restorative Justice? An Indonesian Case Sasongko, Andy; Abdul Madjid; Yuliati; Fachrizal Afandi
Audito Comparative Law Journal (ACLJ) Vol. 6 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v6i1.38457

Abstract

This article explores the role of a prosecutor in realizing restorative justice in Indonesia. This research employs a socio-legal method, focusing on how legal certainty, legal order, justice, and truth can be achieved by upholding human values,  religious norms, politeness, and decency. The Attorney General of the Republic of Indonesia has established, among others, the prosecutorial function and authority to promote restorative justice in terminating prosecutions in Indonesia based on Prosecutor's Regulation of Indonesia (PERJA RI) Number 15 of 2020 concerning Termination of Prosecutions Based on Restorative Justice. With the amendment of PERJA RI, it is hoped that the public prosecutor in handling criminal cases will act more humanely and conscientiously, prioritizing restorative justice, which aims at restoration to protect the lives of victims and people who commit criminal acts on the grounds of humanity and justice in society instead of focusing on retaliation against perpetrators. As the state institution responsible for prosecutions, the prosecutor's office strives to uphold legal certainty, truth, and justice in line with legal principles while respecting humanity, morality, decency, and religious values.
Co-Authors Abdul Madjid Fachrizal Afandi YULIATI