Implementation of Restorative Justice Policy against Perpetrators of Criminal Negligence that Causes Death

Abstract

Requests for termination of prosecution against perpetrators of criminal negligence causing death can be rejected or granted even though they use the same technical guidelines, namely Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022. The research focuses on understanding the policy parameters of restorative justice for perpetrators of criminal negligence causing death and the ideal implementation of restorative justice for perpetrators of criminal negligence. This research is a normative juridical research with statutory approach, case approach, and conceptual approach. Restorative Justice Application is granted because the parameters of negligent acts are not purely in the perpetrator but also carried out by the victim himself, while the application is rejected because culpa only comes from the actions of the perpetrator. The ideal implementation of restorative justice policy must lead to efforts to restore the original state, no negative stigma from the community, and oriented to technical efficiency and legal certainty for the parties. Suggestions from the research results are that case termination based on restorative justice requires certainty in technical regulations, for example through the Attorney General's Regulation. The ideal implementation of restorative justice policy must pay attention to: a unified written policy / lex scripta that can be accessed by the public, can be tested, integrative between judicial mechanisms and pay attention to functional differentiation of criminal justice, as well as harmonization of subjects and objects in prosecution.