Jurnal Hukum dan Peradilan
Vol 12, No 2 (2023)

Prosecutorial Application of Restorative Justice: Overview, Mechanism, and Commentary on Prosecution Cessation

Jefferson Hakim (West Sulawesi High Prosecution Office of Public Prosecution Office of the Republic of Indonesia)
Azeem Marhendra Amedi (University of York)



Article Info

Publish Date
31 Jul 2023

Abstract

This article discusses the implementation of prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service. Restorative justice was introduced as an out-of-court criminal case settlement with certain conditions. Nevertheless, an unpopular opinion against the implementation of the prosecution cessation based on restorative justice as it is considered to deviate from the Indonesian Criminal Procedure Code. The purpose of the research in this article is to describe the concept of restorative justice, the implementation of the prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service, as well as a juridical study of the implementation of prosecution cessation based on restorative justice in the perspective of the Indonesian Criminal Procedure Code. The research method in this article is normative juridical. Restorative justice is considered to be able to meet a sense of justice for the victim and society, as the perpetrator is required to be responsible for restoring the victim's condition to its original state by prioritizing mediation and dialogue. Coming from the perspective of the Indonesian Criminal Procedure Code, the implementation of stopping the prosecution based on restorative justice has the potential to become an object of pretrial. However, from the perspective of the idea of law, the prosecution cessation based on restorative justice satisfies the triad of justice and utility as the idea of law.

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Journal Info

Abbrev

jurnalhukumperadilan

Publisher

Subject

Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, ...