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

  • Sri Endah Wahyuningsih,
  • Darmukit and Jawade Hafidz
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  • Sri Endah Wahyuningsih

    Professor at Faculty of Law at Sultan Agung Islamic University, Semarang, Indonesia

  • Darmukit

    Student of Doctoral Program in Law at the Islamic University of Sultan Agung, Semarang, Indonesia

  • Jawade Hafidz

    Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia

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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.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1542 - 1561


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