Implementation of the Regulation of the Prosecutor of the Republic of Indonesia Number 15 of 2020 Concerning Termination of Prosecutions Based on Restorative Justice in the Jurisdiction of the High Prosecutors of West Sumatra

Abstract

For decades, the Prosecutor's Office has experienced a dilemma in the process of law enforcement and the justice system in Indonesia. Starting from small cases that must be brought to court, cases with small losses and the wishes of the victim who wants to make peace but is shackled by the applicable regulations. The issuance of the Prosecutor's Office Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (hereinafter referred to as Perja RJ) is seen as one of the answers to the voice of justice in the community for the inefficiency of law enforcement which will only bring misery to the community. With the existence of Perja RJ, the Public Prosecutor (JPU) has the right to stop prosecuting suspects in certain cases. The problem approach method used in this study is a sociological juridical approach, namely research by examining applicable legal norms and in relation to the facts found in the study, namely: (1) How is the Application of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice in the Legal Area of the West Sumatra High Prosecutor's Office against cases Number: R – 655 /L.3/Eoh.2/09/2020 and Number: R – 675 /L.3/Eoh/10/2020; and (2) What are the obstacles faced by the Public Prosecutor in the Application of the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice in the Legal Area of the West Sumatra High Prosecutor's Office. Based on the research, it can be concluded that: (1) The application of Perja RJ in the Legal Area of the West Sumatra High Prosecutor's Office in the efforts of restorative justice carried out by the Public Prosecutor as described in the case above is in accordance with the spirit of the establishment of Perja RJ and the purpose of the Law to achieve maximum benefit. in society; (2) Obstacles faced by the Public Prosecutor in the Legal Territory of the West Sumatra High Prosecutor's Office in the Implementation of Perja RJ, namely: differences in perspective on the objective and subjective conditions for the termination of prosecution or restorative justice and the need for closer coordination before making peace efforts by Public Prosecutor.