THE PROSECUTOR'S LEGAL POLICY IN ENACTING RESTORATIVE JUSTICE ON CRIMINAL CASE

Abstract

The Prosecutor's Office of the Republic of Indonesia has a strategic role and obligation in optimising the law enforcement process, including through progressive policies. One form of this policy is the regulation of the mechanism for stopping prosecution through Prosecutor's Regulation Number 15 of 2020. This study aims to examine two main issues: First, How is restorative justice adopted in Indonesian criminal law? Second, How is the substance in the prosecutor's regulation number 15 of 2020 according to the perspective of restorative justice? This study is a doctrinal legal research with a conceptual and statutory approach. Data was obtained from primary and secondary legal materials which were inventoried through a literature study. The Data were then analyzed qualitatively with descriptive-analytical presentation. The finding concludes that: First, in the Indonesian context, restorative justice was initially unknown in the Criminal Code, but it gradually began to be adopted through criminal law reforms such as the SPPA Law, which regulates restorative justice in the form of a diversion policy. Restorative justice can also be used in certain types of crimes, such as minor offenses, cases involving women in conflict with the law, and narcotics offenses. Second, the substance of Prosecutor's Office Regulation No. 15 of 2020 is primarily consistent with the concept of restorative justice. A number of provisions have prioritized the peace aspect by involving all parties, both victims and perpetrators, in a fair and impartial manner. The basic considerations, qualifications, and exceptions are also prepared proportionally while preserving the law and public interests in mind. As a result of this legal policy, the paradigm in criminal case settlement has shifted from a retributive (punishment) approach based on due process of law to one that is rehabilitative and restitutive based on a restorative justice approach.