Termination of Prosecution as a Manifestation of Restorative Justice in the Criminal Justice System in Indonesia

Abstract

The purpose of this study is to examine and analyze the termination of prosecution carried out by prosecutors against perpetrators and victims of criminal acts who have agreed to make peace as a manifestation of restorative justice. In fact, currently the termination of prosecution has limitations that are locked with minimal sanction provisions, so that the termination of prosecution is not implemented optimally each year. In principle, the termination of prosecution can be carried out by the Prosecutor's Office through the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice, but in the Regulation there are limits to sanctions, namely the threat of a sentence of less than 5 years and a fine of 2.5 million and even though they already have a peace letter if these provisions are not met, the termination of prosecution cannot be implemented. In implementing these provisions both in the Criminal Procedure Code, related laws and the Regulation, an approach can be taken that provides a solution, namely through the Safeguard System approach to better protect the rights of victims and perpetrators of criminal acts based on the intention of the parties to make peace in assisting law enforcement in Indonesia. The Safeguard System is an effort to improve restorative justice which was originally only limited by the provisions of threats under 5 years and losses under 2.5 million, however, through this approach, even if the threat is above the provisions but peace has been reached, the case can be stopped.