The Application Of Restorative Justice In View FromRepublic Of Indonesia Prosecutor's Regulations Number 15 Of 2020 Against Termination Of Prosecution In The Legal Territory Of The Riau High Court

Abstract

The concept of restorative justice is a critique of the concept of the criminal justice system which sees crime as a violation of state rules. The state has the right to punish violators in order to create social stability. this is a concept of colonial heritage which is considered not to have a positive impact on reducing crime rates and recidivism rates.On the other hand, Law Enforcement Officials have different perspectives regarding the termination of prosecution of cases that have been resolved based on restorative justice, where the perspective of Law Enforcement Officials itself is not in line with the intent of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 itself. So with such situations and conditions, in practice there are still double standards in the application of Restorative Justice as referred to in the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020. Itshould be when the perpetrator and the victim have made peace based on restorative justice, namely restoration back to its original state, The position of the Law Enforcement Apparatus is only to declare from what has been agreed upon by the Victim and Perpetrator so that the termination of prosecution based on Restorative Justice can be achieved. This study uses a juridical sisiological method to analyze the problem. Researchers found Riau There are differences of opinion in understanding the Instructions for the Implementation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Concepts and Efforts to Overcome Internal ProblemsApplication of Restorative Justice to Termination of Prosecution in the Legal Area of the Riau High Prosecutor's Office It has been running as the regulation was issued with the aim of promoting justice in the community