Nugroho, Agung (2023) Penerapan Keadilan Restoratif Terhadap Pelaku Kejahatan Dalam Upaya Penegakan Hukum Di Kejaksaan Negeri Tanimbar. Masters thesis, Universitas Islam Riau.

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Abstract

Based on data for 2022 at the Tanimbar District Attorney's Office, it can be seen that efforts to implement restorative justice against perpetrators of crimes in law enforcement efforts at the Tanimbar District Attorney's Office are still facing obstacles, such as the victim who does not want to make peace, there is no law that strictly regulates the restorative justice is a separate obstacle and can only be applied to perpetrators who admit their actions, law enforcement officials who play a role in it are the police, prosecutors and judges, if most of them still think retributively (punishment), then restorative justice will be difficult to materialize. Based on these problems, there are 2 (two) main problems in this study. First, what is the authority of the Tanimbar District Prosecutor's Office in implementing restorative justice for criminals. Second, how is restorative justice applied to criminals in law enforcement efforts at the Tanimbar District Attorney? This study uses a normative juridical research method, the approach used in this study is a statutory approach related to the Application of Restorative Justice Against Crime Actors in Law Enforcement Efforts at the Tanimbar State Prosecutor's Office The results of the first study, the Authority of the Tanimbar District Prosecutor's Office in Implementing Restorative Justice Against Crime Actors is based on the principle of dominus litis regulated in Article 2 paragraph (1) of Law Number 16 of 2004 and the principle of opportunity or the principle of demanding discretion regulated in Article 35 letters c Law Number 16 of 2004 and Explanation of Article 77 of the Criminal Procedure Code. Second, law enforcement efforts at the Tanimbar District Attorney's Office have been going well, this can be seen from the success of the implementation of restorative justice in 2021 as many as 2 cases consisting of cases of theft with a membership of under 5 million and cases of abuse, in 2022 there are 2 cases consisting of cases of abuse and fights causing the victim to be injured, and in 2023 there is 1 noncriminal traffic accident case that has been successfully carried out by restorative justice.

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