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ANALYSIS OF THE ROLE OF THE CIREBON DISTRICT ATTORNEY'S OFFICE IN THE TERMINATION OF PROSECUTION BASED ON RESTORATIVE JUSTICE Fahad Wiranata; Loevyta Nafishadita; Muhammad Dzaky Noer Raehan; Raissa Kemala Dewi; Rofiq Nurudin,; Salsabilla Putri Raihannanda; Siti Nurjanah
Jurnal Abdisci Vol 2 No 8 (2025): VOL 2 NO 8 TAHUN 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i8.688

Abstract

Abstract: Background: The criminal law system in Indonesia continues to change to follow the community's demands for fair laws. One method that is getting more and more attention is restorative justice, which aims to solve criminal problems by rehabilitating communities, perpetrators, and victims rather than simply providing punishment. Aims. This research aims to better understand how the Cirebon District Attorney's Office implements the restorative justice process, its foundation, and the impacts and challenges faced in its implementation. Method: The methodology used is an Empirical law study using qualitative research parameters. Primary data is the main data, and secondary data functions as supporting data. Primary data can be obtained through interviews, and secondary data can be obtained through literature studies and interviews with relevant prosecutors who have applied Restorative Justice to handle a case. As a result, the research shows that the Cirebon District Attorney's Office has played an active role in implementing the dismissal of charges based on restorative justice in line with the Attorney General's Office Number 15 of 2020 guidelines. Conclusion and Implications. In practice, the prosecutor plays the role of a facilitator in mediation between the perpetrator and the victim, ensuring that a wise agreement is reached and fulfilling a sense of justice for all parties. However, the challenges include the lack of public understanding of restorative justice. In some cases, the victim or their family is reluctant to reconcile because they think stopping the prosecution will reduce the deterrent effect for the perpetrator. This is especially the case in cases of minor abuse, where the victim feels that the legal process should still be ongoing to provide lessons for the perpetrator.
Aspects of Consumer Protection for Online Shop Business Actors in Delivery Service Negligence Raissa Kemala Dewi; Alip Rahman; Siska Karina
Asian Journal of Social and Humanities Vol. 4 No. 10 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i10.751

Abstract

The rapid growth of e-commerce puts delivery service companies as a crucial element in the distribution chain. However, this dynamic often raises a gap in losses for online shop business actors due to expedition negligence and inequality in the bargaining position in the use of standard clauses. Because of this polemic, this study questions how the legal protection mechanism is able to protect online shop business actors when facing the negligence of the shipper. Therefore, the research was directed to identify proportionate forms of legal protection as well as analyze the effectiveness of the compensation claim process based on Law Number 8 of 1999 concerning Consumer Protection. In order to unravel these problems, a normative juridical approach enriched with qualitative data is used through tracing of rules, interviews, and observations at J&T Kargo Kesambi. The results of the study revealed that there is an empirical clash between the principle of absolute responsibility in regulation and the practice of including exoneration clauses that unilaterally limit the value of compensation. Insurance facilities often shift into an instrument of release of the responsibility of service providers, forcing business actors to bear absolute financial risks if they do not use them. The fulfillment of this right is further hampered by claim procedures, such as the absolute obligation to include unboxing videos.