PERAN KEJAKSAAN DALAM PENERAPAN KEADILAN RESTORATIF (RESTORATIVE JUSTICE) SEBAGAI UPAYA PENYELESAIAN TINDAK PIDANA PENCURIAN

Abstract

Settlement of cases with restorative justice is part of the Prosecutor's Office's commitment to implementing fair law enforcement for all people, which can be seen in the Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The purpose of this study is to determine the Role of the Public Prosecutor and to determine the obstacles encountered during the Restorative Justice Implementation process. The research method used in this study is normative juridical, because this study uses a statutory approach and Case Study Number Pdm - 12 / Barsel / Eoh.2 / 03/2023 South Barito District Attorney's Office. The results of this study in the criminal case of theft of a cellphone committed by the suspect Mahyuni ​​were subject to Article 362 of Law Number 1 of 1946 and the Termination of Prosecution based on Restorative Justice was successfully carried out because the terms and conditions stated in the Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice were met. The role of the Public Prosecutor as a Facilitator between the Perpetrator and the Victim in carrying out the peace process of the implementation of Restorative Justice which is carried out without pressure, coercion, and intimidation. There are several factors that hinder the process of restorative justice but can be faced by the Public Prosecutor as the Facilitator Prosecutor and the Restorative Justice process can run well.