Termination of Prosecutions Based on Restorative Justice in The Settlements of Criminal Cases In The Area Of The Hight Prosecutors Of Lampung

DOI:

https://doi.org/10.25041/plr.v3i2.2734

Abstract

The Attorney General's Office of the Republic of Indonesia has introduced a significant initiative to resolve cases through the termination of prosecutions based on restorative justice. The Prosecutor's Office, functioning as a case controller under the dominus litis principle, plays a crucial role in the successful implementation of restorative justice in Indonesia. This article examines and analyzes the application and challenges of terminating prosecutions based on restorative justice within the Lampung High Court jurisdiction. Utilizing both normative juridical and empirical juridical research methods, this study draws on six sources, including academic literature and input from the Public Prosecutor at the Lampung High Prosecutor's Office. The data were processed and analyzed cumulatively. The findings indicate that the Lampung High Court has successfully implemented restorative justice-based prosecutions in three District Attorney's Offices. However, significant obstacles persist, including overlapping regulatory frameworks between law enforcement agencies, such as the Prosecutor's Office and the police, which contribute to legal uncertainty and inconsistencies in law enforcement, as well as insufficient community participation, particularly among victims.

Keywords:

Implementation, Cessation of Prosecution, Restorative Justice Indonesia

References

start. Implementation of the “Restorative Justice” Approach in the Juvenile Justice System. Semarang: UNDIP, 2019.

Purba, Jonlar. Law Enforcement against Crimes with Minor Patterns with Restorative Justice. Jakarta: Jala Permata Aksara, 2017.

Sasangko, Hari and Lily Rosita. Comments on the Criminal Procedure Code. Bandung: CV. Mandar Maju, 2003.

Waluyo, Bambang. Design of the Prosecutor's Function in Restorative Justice. Depok: PT. Raja Grafindo Persada, 2016.

A., Green, Bruce and L. Bazelon, “Restorative Justice from Prosecutors' Perspective”, Fordham L. Rev. 88 (2019): 2287-2318.

Afolab,. A and Essen Azu UDU. “The Jurisprudence of Restorative Justice For Victims Of Crime In Nigeria”, International Journal Of Comparative Law And Legal Philosophy (Ijocllep) 1, no. 1 (2020): 151-158.

Alamsyah, B. “Law Enforcement and Justice in Indonesia Between Expectations and Reality”, Legality: Jurnal Hukum 4, no. 1 (2017): 35-50, DOI: http://dx.doi.org/10.33087/legalitas.v4i1.111.

Andriyanti, EF “The Urgency of Restorative Justice Implementation in Indonesian Criminal Law”, Journal of Education and development 8, no. 4 (2020): 326-331.

Anisya, AF, Hafrida and Erwin, “Comparative Research of Criminal Prosecution in the Perspective of the Evidence System under Indonesian and Thai Criminal Procedure Code.” PAMPAS: Journal of Criminal Law 2, no. 3 (2021): 59-75, DOI: https: //doi.org/10.22437/pampas.v2i3.14876.

Appludnopsanji and Pujiyono. “Restructuring the Legal Culture of Prosecutors in Prosecution as Independence in the Indonesian Criminal Justice System”, SASI 26, no. 4 (2020): 571-581, DOI: https://doi.org/10.47268/sasi.v26i4.359.

HJ. Hermann, Donald. “Restorative justice and retributive justice: An opportunity for cooperation or an occasion for conflict in the search for justice”, Seattle J. Soc. Just. 16 (2017): 71-103.

Iqbal, M. “Implementation of the Effectiveness of the Principle of Opportunity in Indonesia on the Basis of the Public Interest”, Surya Kencana Satu Journal: The Dynamics of Legal and Justice Problems 9, no. 1 (2018): 87-100, DOI: http://dx.doi.org/10.32493/jdmhkdmhk.v9i1.1178.

Jülich, S. and Natalie Thorburn. “Sexual violence and substantive equality: Can restorative justice deliver?”, Journal of Human Rights and Social Work 2, no. 1 (2017): 34-44, DOI: https://doi.org/10.1007/s41134-017-0029-0.

Kristanto, A. "Review of the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice", Lex Renaissance 7, no. 1 (2022): 180-193, DOI: https://doi.org/10.20885/JLR.vol7.iss1.art14.

Malik, F. "Overview of Legal Positivism Theory in the Indonesian Criminal Justice System", Journal of Citizenship Education Undiksha 9, no. 1 (2021): 188-196, DOI: http://dx.doi.org/10.23887/jpku.v9i1.31488.

Parera , Z. _ and ED Silambi . “Criminal Law Enforcement Against Hate Speech Crimes Through Social Media (Reviewed From Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions)”, Journal of Restorative Justice 2, no. 2 (2018): 160-176, DOI: https://doi.org/10.35724/jrj.v2i2.1931.

Perbawa, GP “Criminal Law Policy on the Existence of the Dominus Litis Principle in the Perspective of Professionalism and Prosecutors of the Public Prosecutor”, Arena Hukum 7, no. 3 (2014): 325-342, DOI: https://doi.org/10.21776/ub.arena Hukum.2014.00703.2.

Pujiyono, et al. “Restorative Justice Breakthrough By The Prosecutors To Maximize Terrorism Prevention Effort”, Multicultural Education 7, no. 10 (2021): 316-320.

Setyowati, D. "Understanding the Concept of Restorative Justice as an Effort of the Criminal Justice System to Achieve Justice", Pandecta Research Law Journal 15, no. 1 (2020): 121-141, DOI: https://doi.org/10.15294/pandecta.v15i1.24689.

Effendy, Marwan. " Restorative justice in the context of the Ultimum Remidiun on the Eradication of Criminal Acts of Corruption" Speech on the Inauguration of Professors at Sam Ratulangi University, Manado on October 4, 2012.

Haryadi, Prim. (Director General of the General Judiciary Agency) in the National Webinar "Implementation of Restorative Justice in Indonesia: Constraints and Solutions" on February 4, 2022, organized by the Faculty of Law, University of Mataram.

Justice Magazine Issue 74, January 2022.

Downloads

Download data is not yet available.
Total Abstract Views: 75 | Total Downloads: 64

Downloads

Authors

  • Yuris Oktaviyani Citizen Universitas Lampung, Indonesia

Published

2022-12-19

How to Cite

Citizen, Yuris Oktaviyani. 2022. “Termination of Prosecutions Based on Restorative Justice in The Settlements of Criminal Cases In The Area Of The Hight Prosecutors Of Lampung”. Pancasila and Law Review 3 (2):111-20. https://doi.org/10.25041/plr.v3i2.2734.

Issue

Section

Articles