The Concept of Restorative Justice in Law Enforcement During COVID-19 Pandemic

Abstract

The enforcement of justice in social life has a very important meaning in an effort to build a high and dignified nation's civilization. This is closely related to the condition of a pandemic COVID-19 which is still increasing and causing many victims. Not only casualties, but also affects other aspects such as economic life, social life, education, to the religious aspect. In line with this, through the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, the prosecutor's office seeks to promote the values of justice in an effort to produce legal products that are more just by taking into account the conditions of the parties, especially victims and perpetrators of crime so that the criminal path is not the only way to go. Therefore, this study will examine several issues including the formulation is how is the concept of restorative justice in the Prosecutor's Office of the Republic of Indonesia <i>(Perja)</i> Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice and its urgency in criminal law enforcement during the COVID-19 pandemic. This research is a juridical-normative legal research with data collection methods, namely literature study and analysis descriptive-qualitative with a juridical philosophical approach. The conclusion of this study is that in terms of legal content, the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is sufficient to meet the aspects of justice and meet the general principles of restorative justice. However, the need for some improvements such as context-related explanations imposible to in Article 5 and impelementation regulations for law enforcement officers in order to continue to promote a conscience so that law enforcement in Indonesia is getting better future and be able to restore public confidence in law enforcement and justice. In addition, in the midst of a pandemic, this concept is in line with government regulations in an effort to overcome the COVID-19 pandemic so that not all crimes must be resolved criminally as the conditions of prisons in Indonesia have exceeded capacity.