Analisis Hukum Terhadap Penghentian Penuntutan Tindak Pidana Penganiayaan Berdasarkan Pendekatan Restorative Justice pada Kejaksaan Republik Indonesia (Studi Surat Ketetapan Penghentian Penuntutan Kejaksaan Negeri Poso Nomor: B-912/P.2.13/Eoh.2/11/2021 dan Surat Ketetapan Penghentian Penuntutan Kejaksaan Negeri Poso Nomor: B-173/P.2.13/Eoh.2/03/2022)

Abstract

The goal of criminal judicature is to achieve justice expected by society. The decision of Public Prosecutor Number 15 of 2020 on the termination of prosecution based on restorative justice is a new policy that is interesting to be explored, whether its implementation is in accordance with the teaching concept of restorative justice, by analyzing the Stipulation letters of Poso District Public Prosecutor on Prosecution Termination Number: B-912/P.2.13/Eoh/2/11/2021 and Number: B-173/P.2.13/Eoh.2/03/2023 to find out to what extent the Poso District Public Prosecutor conducts the mechanism and if the policy is implemented in accordance with the guideline of prosecution termination by referring to Perja Number 15 of 2020. Based on the explanation, this research entitled “Legal Analysis on The Prosecution Termination of Persecution Criminal Offense Based on the Restorative Justice Approach in Public Prosecutor of the Republic of Indonesia (Study of Public Prosecutor Number : B-912/P.2.13/Eoh/2/11/2021 and Number: B-173/P.2.13/Eoh.2/03/2022. The research problems are namely: how about the legal system in dealing with persecution criminal offense through restorative justice in Indonesia, including how the mechanism of law enforcement is carried out by the prosecutor in terminating the prosecution in the Poso Distric Public Prosecutor Stipulation Letters of the Prosecution Termination Number: B-912/P.2.13/Eoh/2/11/2021 and Number: B-173/P.2.13/Eoh.2/03/2022, and how about the criminal policy as the basis for understanding the Restorative Justice policy in the Public Prosecutor Office of the Republic of Indonesia. This is normative legal research that employs the statute apporoach, case approach, and analytical approach. The data are collected from primary, secondary, and tertiary data sources. Qualitative data analisys is employed in this research. Then, the conclusion is drawn by correlating it to the theories and concept in order to answer the research problems. The results conclude that the legal system for dealing with persecution criminal offenses through restorative justice consists of police, Prosecutors, and the Court. The mechanism used in terminating the prosecution in the Stipulation Letters Number: B-912/P. 2.13/Eoh.2/11/2021 and Number: B-173/P.2.13/Eoh.2/03/2022 begins with the attempt of reconciliation, the process of reconciliation, and the implementation of reconciliation. The criminal policy as the basis for understanding the restorative justice policy in the Public Prosecutor Office is divided into three parts, the specific definition refers to the principle of discretion and dominus litis principle which becomes the basis of restorative justice police, the broad definition refers to the function of law enforcement when its legal use and certainty are based on conscience. By doing so. Justice will be manifested completely. The broader definition refers to the whole policies or regulations used in order to establish restorstive justice.