ANALISIS PENERAPAN PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (STUDI KASUS PENCURIAN DI KEJAKSAAN NEGERI BREBES)

Indah Komala Sari, NIM.: 19103040022 (2023) ANALISIS PENERAPAN PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (STUDI KASUS PENCURIAN DI KEJAKSAAN NEGERI BREBES). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Perja Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice has regulated the terms or criteria for cases that can be terminated by the process of prosecution based on restorative justice, namely the suspect is not a recidivist, the crime is only punishable by a fine or imprisonment of not more than five years, and the value of the loss as a result of a crime not more than Rp. 2.500.000,00 (two mililion five hundred thousand rupiah). Termination of prosecution based on restorative justice has been applied to criminal cases of theft at the Brebes District Attorney. This case is a case in which the suspect is suspect is suspected of having violated Article 363 paragraph (1) 3 of the Criminal Code, which carries a sentences of seven years in prison. Based on this, the author is interested in examining how the public prosecutor’s considerations are in implementing a termination of prosecution based on restortive justice for criminal cases of theft at the Brebes District Attorney’sosiologi Office and whether this application has fulfilled the principles of justice, benefit and legal certainty. The research is a library research that supported by field research. The approach used in this research is normative juridical, namely legal research that refers to legal norms contained in laws and regulations, especially Perja Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The data in this study were collected through literature study and interviews with publick prosecutors at the Brebes District Attorney who directly handle the theft cases which were used as the object of the research . The theory used in this research is the theory of restorative justice and law enforcement theory. The criminal case of theft that violates Article 363 paragraph (1) 3 of the Criminal Code which is punishable by imprisonment for seven years at the Brebes District Attorney’sosiologi Office has been terminated based on restorative justice. The public prosecutor handling the crime of theft is of the opinion that the prosecution process can be terminated based on restorative justice with the following considerations: the suspect is the first time he has committed a crime, the value of the loss resulting from the commission of the crime is no more that Rp. 1.000.000,00 (one million rupiah), the background of the commision of the crime, the suspect and victim agree too settle the case through peace, and the suspect was beaten up by the mod. The public prosecutor in this case saw the casuistic circumstances contained in the case. The implementation of the termination of prosecution based on restorative justice against the criminal case of theft was resolved by an unconditional peace agreement between the two parties and has fulfield the principles of justice, benefit and legal ceertainly.

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