IMPLEMENTASI PRINSIP RESTORATIVE JUSTICE BERDASAKAN PERATURAN KEJAKSAAN NOMOR 15 TAHUN 2020 TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (STUDI KASUS PADA KEJAKSAAN NEGERI KABUPATEN MALANG)

Anjely Amanah Cariza Utami, NIM.: 18103040018 (2022) IMPLEMENTASI PRINSIP RESTORATIVE JUSTICE BERDASAKAN PERATURAN KEJAKSAAN NOMOR 15 TAHUN 2020 TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (STUDI KASUS PADA KEJAKSAAN NEGERI KABUPATEN MALANG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Prevention of criminal acts becomes more effective if the response is not only aimed at solving a criminal case by imposing sanctions on the perpetrator, but also must be able to find a just solution that brings benefits to both parties. In the development of legal dynamics, an alternative appears in the settlement of criminal acts called restorative justice, whose case resolution involves the perpetrator, victim, and other related parties to emphasize back to the original situation and not a retaliation. The concept of restorative justice is accommodated by the criminal justice system in Indonesia, which is regulated in Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Presence of Perja No. 15 of 2020 is expected to be able to suppress cases of minor crimes from being processed until they are tried in court. Based on data from the Crime Tatal and Crime Clearence of the Malang Police, in 2020 to May 2022 there were 3,388 criminal cases that occurred in Malang Regency. However, of the many criminal acts in Malang Regency, there are only 3 (three) criminal cases that can be resolved through restorative justice. Based on this, researchers are interested in examining how the implementation of Perja No. 15 of 2020 at the Malang District Attorney's Office and what are the obstacles and how to optimize efforts in implementing the principles of restorative justice at the Malang District Attorney's Office. This research is library research and field research. The approach in this research is juridical-empirical which is carried out by going directly to the object, namely the Malang District Attorney's Office in order to obtain legal knowledge of the implementation of Perja No. 15 of 2020 at the Malang District Attorney's Office. The theory used to answer the problem formulation in this thesis is the theory of penal mediation, the theory of restorative justice, and the theory of law enforcement. Based on the results of research and discussion, the Malang District Attorney's Office has terminated the prosecution of 3 (three) criminal cases, namely the case of embezzlement, the case of Traffic Accidents, and the case of Persecution. The three cases were resolved in accordance with the mechanism in Perja No. 15 of 2020. The obstacles faced in the implementation of Perja No. 15 of 2020 is a matter of short time and lack of knowledge from the public regarding this regulation. The Malang District Attorney's Office has also made efforts to overcome existing obstacles, namely in overcoming the short time the Public Prosecutor who acts as a facilitator is assisted by a second prosecutor,

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