Article
The Application of the Concept of Restorative Justice in Termination of Prosecution-by-Prosecution Service in Southeast Sulawesi
Halu Oleo Legal Research, Vol. 5 No. 3 (2023), hlm. 721–736
Abstrak
This study aims to describe the concept of restorative justice in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice and its application in the Attorney General's Office within the Southeast Sulawesi Province, Indonesia. The orientation to be achieved is to provide an understanding of the mechanism for stopping prosecution by the prosecutor through a restorative justice approach. The existence of this regulation can be a solution for resolving cases at the prosecutor's level by stopping prosecution, so that it does not proceed to the next stage. Settlement of criminal cases through a restorative justice mechanism aims to create peace between the perpetrators of crimes and victims. Restorative justice is a solution to the conventional punishment system where the system is no longer effective in suppressing the high crime rate which leads to overcapacity in detention centers/correctional institutions. This study was a normative-empirical legal study. According to Mukti Fajar and Yulianto Achmad, normative legal study was a legal study placing law as a building system of norms. Meanwhile, according to Bahder Johan Nasution, the starting point for empirical legal study was the phenomenon of society law or social facts found in society. In this normative-empirical study, secondary data was first examined, then followed by study on primary data in the field or the society. The data collection technique used in this study was a field study. However, to support primary data obtained from the field study and to find out new empirical facts, normative legal study methods are also used through library research. The concept of restorative justice in prosecution service Regulation of the Republic of Indonesia No. 15 of 2020 provides detailed procedural provisions and conditions for termination prosecution which prioritize the settlement of cases by taking into the interests of each party, between perpetrators, victims, and the society. The implementation of the Prosecution service Regulation of the Republic of Indonesia No. 15 of 2020 concerning Termination of Prosecution based on Restorative Justice in Southeast Sulawesi, which is still low, needs to be improved so that it can unravel existing legal problems, including problems with the accumulation of cases at the prosecutor's level and overcapacity in detention centers/correctional institution in Southeast Sulawesi.