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Research Paper Volume 6 Issue 1 1542 - 1561 February 21, 2023

Regulations Reconstruction of the Public Prosecutor Authority in Termination of Prosecution through Restorative Justice

Lead author · Corresponding
Sri Endah Wahyuningsih
Professor at Faculty of Law at Sultan Agung Islamic University, Semarang, Indonesia
Co-author
Darmukit
Student of Doctoral Program in Law at the Islamic University of Sultan Agung, Semarang, Indonesia
Co-author
Jawade Hafidz
Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.114219
Abstract

The termination of the prosecution carried out by the Prosecutor is based on restorative justice. Restorative comes from the word restoration, which means return or restoration to its original state. Termination of investigations and prosecutions is part of the criminal process by the Police and Prosecutors; in criminal law, there are indications of cases being terminated in the form of insufficient evidence; there is also an opportunity for the Attorney General's authority, namely "to stop the case" in contrast to "not prosecuting a case". RI Prosecutor's Regulation No. 15 of 2020 also contains limitations on the implementation of restorative justice so that it is not only interpreted as a peace agreement because if so, the ongoing process will also actually be trapped in merely carrying out procedural functions so that truth (especially material truth) and justice cannot be achieved. This legal research uses a sociological, legal research approach, and this type of research is descriptive analysis in nature. Juridically, this legal research will refer to the authority of the Attorney General's Office of the Republic of Indonesia in the field of Termination of Prosecution Based on the Value of Restorative Justice. This research is conducted to analyse problems by combining legal materials with field conditions. Termination of Prosecution is based on Article 140, paragraph (2) of the Criminal Procedure Code. Where the termination of the prosecution by the Public Prosecutor is insufficient evidence, or the actions of the suspect are not a crime, or the case is closed by law. Weaknesses in the construction of the Attorney General's authority regulation in terminating the current decision are weaknesses in substance. The authority to set aside cases in the public interest is the application of the opportunity principle, which only belongs to the Attorney General as stipulated in Article 35 letter c of Law Number 16 of 2004 concerning the Attorney General of the Republic of Indonesia, this is different from the Termination of Prosecution. The structure of closing cases for the sake of law is not explained further in the Criminal Procedure Code, so what can be done is to interpret it systematically, namely by looking at the provisions in the Criminal Code. And culture, in the case of a crime that is classified as mild, many still end up in court and end up receiving prison sentences.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1542 - 1561
DOI: https://doij.org/10.10000/IJLMH.114219
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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