Penguatan Kewenangan Jaksa Selaku Dominus Litis sebagai Upaya Optimalisasi Penegakan Hukum Pidana Berorientasi Keadilan Restoratif

Abstract

Dominus Litis is a universal principle attached to the Prosecutor. The prosecutor as the public prosecutor has a central role in the criminal justice system. The presence of Perja Number 15 of 2020 concerning Termination of Prosecution based on restorative justice is the basis for the Prosecutor to enforce restorative justice-oriented criminal law. The enforcement of criminal law in general and restorative justice oriented carried out by the Prosecutor as Dominus Litis has weaknesses and obstacles that are found in the process of its application. For this reason, efforts are needed to strengthen the authority of the Prosecutor as Dominus Litis as an effort to optimize the enforcement of restorative justice-oriented criminal law. This research uses normative legal research. This research is a descriptive analysis that analyzes and explains something that is done in a way that does not go out of the scope of the problem and is based on a theory or concept that is general in nature and is applied to explain a set of data, or shows a comparison or relationship between a data set and another data set. The approach used in this research is a statutory approach and a conceptual approach. The conclusion in this study is that the essence of the Dominus Litis principle attached to the Prosecutor is not optimal. In the Pre Prosecution Stage, the Prosecutor as Dominus Litis is only limited to receiving SPDP and examining files from investigators to be followed up to the prosecution stage or returned to investigators. The application of the termination of prosecution based on restorative justice by the Prosecutor as Dominus Litis is appropriate and in line with the values contained in Pancasila, especially in the fourth precept. However, in its implementation, there were obstacles, including: Legal Substance, Legal Structure, and Legal Culture. Strengthening the authority of the prosecutor as Dominus Litis in the enforcement of restorative justice-oriented criminal law can be done by formulating the concept of restorative justice into the Criminal Procedure Code. However, the process of reforming the Criminal Procedure Code requires many aspects of consideration and takes such a long time. The most likely thing to do in the near future is to synergize between the institutions of the Police and the Prosecutor's Office to apply the Dominus Litis principle in the enforcement of restorative justiceoriented criminal law.