Acitya Wisesa: Journal of Multidisciplinary Research
Vol. 1 Issue 1 (2022)

JURIDICAL ANALYSIS OF PROSECUTION TERMINATION BASED ON THE REGULATION OF THE REPUBLIC INDONESIA PROSECUTOR REGULATION NUMBER 15/2020 CONCERNING ON TERMINATION OF PROSECUTION BASED ON RESTORATIVE JUSTICE

Hendriawan, Muhammad Rizaldi (Unknown)



Article Info

Publish Date
13 Jan 2022

Abstract

This research explores the shift from a conventional criminal justice system, which focuses on retaliation, to restorative justice as regulated by the Prosecutor's Office of the Republic of Indonesia under Regulation No. 15/2020. The regulation outlines conditions for terminating prosecution in favor of restorative justice, emphasizing reconciliation over punishment. Using a normative juridical method with statutory, case study, and conceptual approaches, the study highlights the prosecutor's critical role in implementing restorative justice. Beyond their traditional prosecutorial duties, prosecutors act as facilitators to prevent case backlogs in courts by enabling termination of prosecution through mediation. In this system, prosecutors play an active role in reconciling victims and perpetrators. Through penal mediation, they aim to achieve a win-win solution where both parties reach mutual agreements and recovery is prioritized over retribution. The goal is to restore the relationships and conditions disrupted by the offense, ensuring the parties involved return to their original state, fostering justice that is both fair and rehabilitative. This approach reflects a significant transformation in Indonesia's criminal justice system, promoting efficiency and healing rather than focusing solely on punishment.

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Journal Info

Abbrev

jmr

Publisher

Subject

Agriculture, Biological Sciences & Forestry Civil Engineering, Building, Construction & Architecture Computer Science & IT Environmental Science Physics

Description

ACITYA WISESA is Scientific Journal of Multidisciplinary research that has specificities in several fields such as: Education Sciences Agrarian and Biological Sciences Health Sciences Exact and Earth Sciences Human and Social Sciences Engineering Technology Review Article Educational Objects Social ...