Formulation of the Authority of the Public Prosecutor in Performing Penal Mediation in Accordance with Law Number 11 Year 2021 Concerning Amendment to Law Number 16 Year 2004 Concerning the Prosecutor in Middle Criminal Cases

Abstract

Basically, the prosecutor's authority as a mediator in conducting penal mediation will overlap with the prosecutor's authority as the executor in terms of prosecution. Penal mediation includes the authority of the Prosecutor as stipulated in Part II Section 4 A United Nations Office on Drugs and Crime and International Association of Prosecutors Guide 2014 UNODC and IAP Part Two concerning the Status and Role of Public Prosecutors in Criminal Procedure Law. Based on the theoretical problem, penal mediation comes from Restorative Justice Principles. Currently in Indonesia there has been a paradigm shift from retributive justice (retaliation) to restorative justice (recovery). This is illustrated, among others, by the emergence of laws and regulations that promote this paradigm, such as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, the Money Laundering Law, which was last amended through Law Number 8 of 2010. This requires the handling of cases that are relatively light and have a humanitarian aspect, such as theft with minimal loss. The Prosecutor must be able to prosecute or act based on Restorative Justice. Another development is that law enforcement does not only use a preventive-repressive approach, but also other approaches such as Alternative Dispute Resolution as well as Penal Mediation.This is one manifestation of the prosecution's discretion (Prosecutorial Discretionary).