Implementation of restorative justice in the termination of prosecution of crimes at the Tanjung Perak District attorney's office

Abstract

The criminal justice system involves law enforcement agencies, including the police, prosecutors, courts, and correctional institutions. Many minor cases that should be resolved outside the courtroom must, due to existing legal constraints, go through litigation. The introduction of Restorative Justice policies is presented as an alternative, fairer way of resolving cases, focusing on rehabilitation. The aim of this study is to understand the role of prosecutors in resolving criminal cases through Restorative Justice and the procedures for resolving criminal cases through Restorative Justice at the Tanjung Perak District Attorney's Office. This research uses empirical legal research with a qualitative approach, gathering primary data through interviews and documentation, as well as secondary data from literature and relevant regulations. Data analysis is conducted descriptively and qualitatively to address the research issues. The findings show that prosecutors play a crucial role in the implementation of Restorative Justice, including providing counselling, assessing case eligibility, facilitating mediation, drafting agreements, monitoring implementation, and preparing reports in accordance with applicable regulations. The procedures for resolving criminal cases through Restorative Justice at the Tanjung Perak District Attorney's Office include case identification, mediation between the perpetrator and the victim, report preparation, and case termination based on the agreement.