Penerapan Peraturan Kejaksaan Republik Indonesia Nomor 15 Tahun 2020 Tentang Penghentian Penuntutan Berdasarkan Keadilan Restoratif (Studi Kasus pada Kejaksaan Negeri Dairi)

Abstract

The Republic of Indonesia The Regulation of Prosecutor Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice has the potential to conflict with the above legislation, namely the Criminal Procedure Code and Law Number 16 of 2004 concerning the Prosecutor's Office as amended by Law Number 11 of 2021. This study examines: (1) the position of The Regulation of Prosecutor Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice in the hierarchy of laws and regulations related to the authority to terminate cases by the public prosecutor; (2) the regulation of restorative justice as a sentencing objective in Indonesia is related to the authority of the public prosecutor in terminating cases; (3) the application of The Regulation of Prosecutor Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice at the Dairi District Attorney. This study uses normative legal research that is descriptive analytical with a statutory approach and a case approach that examines the termination of prosecution by the Dairi District Attorney in a criminal case with suspects on behalf of Ucok Togar H. Lumban Gaol and Desi Megawati Sihombing. This study uses data collection techniques by means of library research and interviews and using qualitative data analysis. The results of this study indicate that the position of The Regulation of Prosecutor Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice in the hierarchy of laws and regulations is other laws and regulations as outlined in Article 8 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Legislation. The implementation of The Regulation of Prosecutor Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice by the Dairi District Prosecutor in relation to terminate the prosecution of criminal cases with the suspect Ucok Lumban Gaol has met the formal and material requirements. Meanwhile, the application of The Regulation of Prosecutor Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice by the Dairi District Prosecutor in a criminal case with the suspect Desi Megawati Sihombing did not meet the material requirements as specified in the Attorney General's Letter Number B-4301/E/EJP/9/2020 dated 16 September 2020 because of Desi's actions. Megawati Sihombing is seen as a concurrent act as stated in Article 65 of the Criminal Code