IMPLEMENTASI KEADILAN RESTORATIF DALAM PENGHENTIAN PERKARA PENGANIAYAAN (STUDI KASUS NO: BP/011/2021 RESKRIM DI KEJAKSAAN NEGERI SLEMAN)

Citra Mulyaningrum, NIM.: 18103040077 (2022) IMPLEMENTASI KEADILAN RESTORATIF DALAM PENGHENTIAN PERKARA PENGANIAYAAN (STUDI KASUS NO: BP/011/2021 RESKRIM DI KEJAKSAAN NEGERI SLEMAN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

There are criticisms about the retributive case settlement system that relies on retaliation, it is felt that it does not provide benefits to the community, so that the current criminal justice system is starting to be encouraged to return to using a restorative approach. So that the idea of restorative justice emerged which is a form of a new approach pattern in criminal settlement. This approach pattern is a pattern that has been used in various countries. The restorative approach is considered as an alternative or legal principle in an effort to resolve criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a just solution by emphasizing restoration to its original state, and not retaliation. The author is interested in seeing the implementation of Restorative Justice in the Termination of Persecution Cases, case studies at the Sleman District Attorney's Office in 2021 and Restorative as an effort to achieve justice in the cessation of persecution cases. This research is a field research (field research). The author obtained data based on interviews with the Public Prosecutor at the Sleman District Attorney and community leaders in the village of Donoharjo. The approach in this study is juridical-empirical, namely conducting research into the object of research, namely the Sleman District Attorney and Donoharjo Village to obtain knowledge related to the Implementation of Restorative Justice in Terminating Cases of Persecution in the Sleman Prosecutor's Office in 2021. The theory used to answer the problem formulation in this thesis namely the theory of restorative justice, and the theory of legal objectives which consist of three basic values, namely justice, expediency and legal certainty. The implementation of restorative justice in the cessation of persecution cases that violate Article 351 paragraph (1) of the Criminal Code at the Sleman District Attorney in 2021 has succeeded in achieving a peace. The settlement of the peace is in accordance with the Prosecutor's Regulation No. 15 of 2020 which was held at the Sleman District Attorney. The existence of the Prosecutor's Regulation No. 15 of 2020 began with criticism of the criminal justice system in Indonesia, such as the burden of cases in court, overcapacity in detention centers and prisons, the rise of recidivist cases, and cases that are considered trivial but must go to court. Such as cases of persecution that violate Article 351 paragraph (1) of the Criminal Code which is in accordance with the requirements in the Prosecutor's Regulations. So that in the settlement a justice can be achieved in accordance with the Prosecutor's Regulation No. 15 of 2020 concerning the termination of prosecution based on restorative justice, namely justice that refers to two parties, which does not only focus on retaliation but also on the burden attached to the victim.

Item Type: Thesis (Skripsi)
Additional Information: Pembimbing: Gilang Kresnanda Anas, S.H., M.H.
Uncontrolled Keywords: Penghentian Penuntutan, Restorative Justice, Keadilan
Subjects: Keadilan
Masalah Sosial
Ilmu Hukum
Divisions: Fakultas Syariah dan Hukum > Ilmu Hukum (S1)
Depositing User: Muh Khabib, SIP.
Date Deposited: 25 Oct 2022 14:15
Last Modified: 25 Oct 2022 14:15
URI: http://digilib.uin-suka.ac.id/id/eprint/54496

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