Legal Reconstruction of the Authority of Deponering Implementation by the Prosecution Office Based on Justice Value

Abstract

The objectives of this research are to analyze and find out the weaknesses in the legal construction of the authority to implement Deponering (the authority of the attorney general not to prosecute a case for policy reasons) in relation to the principle of opportunity by the prosecutor's office and how to reconstruct the law based on justice value. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. The results of the research show that the Weaknesses in the legal construction of the implementation of Deponaring by the Attorney General in relation to the application of the opportunity principle, one of which, is the basis for consideration of the public interest which does not yet have clear and measurable indicators. In addition, minimal supervision of the implementation of the Attorney General's authority. In order to tackle this, a legal reconstruction of the authority to implement Deponaring in relation to the principle of opportunity based on the value of justice is needed to determine the indicators and conditions for the Attorney General in making decisions overriding cases in Government Regulations, so that the implementation of the Attorney General's sole authority does not escape supervision and fulfills justice for society. As a counterweight to Deponering authority, the public prosecutor must be given the authority to stop prosecution based on restorative justice which is based on the discretionary authority of the Attorney General's Office as a response to the development of society that wants misdemeanor crimes and crimes with low economic value not to be continued with the prosecution process, by prioritizing the principle of restorative justice. Termination of prosecution based on restorative justice by the public prosecutor, which in practice is very beneficial for the wider community, especially for victims and perpetrators of crimes.