JHCLS
Vol 2, No 1 (2022): Journal of Human Rights, Culture and Legal System

Mainstreaming Restorative Justice in Termination of Prosecution in Indonesia

Femmy Silaswaty Faried (Faculty of Law of Universitas Islam Batik, Surakarta)
Hadi Mahmud (Faculty of Law of Universitas Islam Batik, Surakarta)
Suparwi Suparwi (Faculty of Law of Universitas Islam Batik, Surakarta)



Article Info

Publish Date
30 Mar 2022

Abstract

By law, under the principle of opportunity, public prosecutors have been entitled to the authority to proceed or terminate the criminal cases under their authority. However, the termination of prosecution by the attorney generals is mostly not followed by a victim-oriented settlement. In this case, the principle of opportunity is not in line with the victim interest. On the other hand, the direction of legal reform in Indonesia promotes restorative justice approach in every criminal case settlement. In this regard, this article aims to investigate the way to implement restorative justice in case terminations by General Attorney of Indonesia. This research relies on socio-legal approach. Data were collected through the investigation of regulations and works of literature related to the termination of prosecution of criminal cases and restorative justice. The result of this study indicates that the regulation concerning termination of prosecution based on restorative justice is obviously departed from the public needs. According to General Attorney Regulation, restorative justice which is oriented to the public interest has the chance to be implemented as the basis for termination of prosecution of criminal cases; therefore, the penal court can be addressed as the last option (ultimum remidium).

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Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...