Anwar Farras, Muhammad (2024) Implementasi Pasal 1 Ayat (1) Peraturan Kejaksaan Nomor 15 Tahun 2020 Tentang Penghentian Penuntutan Berdasarkan Keadilan Restoratif Di Wilayah Hukum Kejaksaan Negeri Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

The concept of restorative justice is a criticism of the concept of the criminal system which views crime as a violation of state regulations. Settlement of criminal cases using a restorative approach has begun to be practiced in Indonesia, specifically in the jurisdiction of the Pekanbaru District Prosecutor's Office, in accordance with the mandate of Article 1 paragraph (1) of Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Where in 2020 the Pekanbaru Prosecutor's Office implemented Restorative Justice for the first time, a case resolution was carried out against a suspect who stole his ex-wife's cell phone. The incident that ensnared a suspect began when he came to his ex-wife's business location, when he arrived, the ex-wife was busy serving customers. The suspect used this opportunity to go inside and meet his daughter. At that time, the child was busy playing with his mother's cellphone, the suspect used this opportunity to take the cellphone that the child was holding. The main problem in this research is how to implement Article 1 paragraph (1) of Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice in the Legal Area of the Pekanbaru District Prosecutor's Office, and what are the obstacles to the Implementation of Restorative Justice in the Pekanbaru District Prosecutor's Office. The type of research is observational research or what is meant by survey form, is research that uses interviews as a tool for gathering basic data by taking samples from a population. The nature of descriptive research is that it describes the current state of the subject or object of research based on facts that appear to be what they are. The implementation of Article 1 paragraph (1) of Prosecutor's Regulation Number 15 of 2020 in the Pekanbaru District Prosecutor's Legal Area has been implemented, where in this implementation the prosecutor's office prioritizes restorative efforts. The mechanism for stopping prosecution by means of peace between the victim and the perpetrator can be seen in the provisions of articles 9 to article 14 of Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution through Peace between the victim and the perpetrator by involving the victim's family, the perpetrator's family, and other related parties such as community leaders , which starts from efforts to reach an agreement between the two parties, without any pressure, coercion and intimidation. Another obstacle is also the prosecutor's own human resources regarding understanding the implementation of the Restorative Justice approach, the existence of conflicts of interest between perpetrators and victims of criminal acts and society which has its own culture and legal culture.

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