Termination of Prosecution Based on Restorative Justice from the Perspective of the Dominus Litis Principle

Abstract

Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecutions Based on Restorative Justice is considered one of the efforts for ideal law enforcement in achieving legal objectives, and has expanded the object of termination of prosecution as stipulated in "Article 140 (2) of the Criminal Procedure Code.  In terms of the hierarchy of legislation, this regulation is still in question. The question that could be raised here is about the position of the authority to terminate the prosecution from the perspective of the prosecutor's position as the controller of the case which is called dominus litis. This study aims to determine "the position of the authority to terminate prosecutions based on Restorative Justice from the perspective of the principle of dominus litis.  The research method used is normative juridical research. The results showed that Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice" is a form of law enforcement and justice policy within the scope of restorative justice which is part of the prosecutor's authority based on "Article 32 and Article 35 of Law Number 16 of 2004 concerning the Prosecutor's Office."  In the framework of law enforcement, realizing justice, based on the law that lives in society as the mandate of the constitution.  Therefore, this regulation is an answer to the demands of law enforcement developments that not only emphasize legal certainty, but must also be able to touch the sense of justice and legal expediency in society The position of the authority to terminate prosecutions based on restorative justice is the discretionary prosecution and the concretization of the principle  of dominus litis.