TINJAUAN YURIDIS TENTANG PENYELESAIAN PERKARA TINDAK PIDANA SECARA RESTORATIVE JUSTICE PERKARA NOMOR : PDM-19/SUKAMARA/EOH.2/08/2022 KEJAKSAAN NEGERI SUKAMARA
JURIDICAL REVIEW REGARDING THE SETTLEMENT OF CRIMINAL CASES IN RESTORATIVE JUSTICE CASE NUMBER: PDM-19/SUKAMARA/EOH.2/08/2022 SUKAMARA STATE ATTORNEY
Abstract
Restorative Justice is the restoration of bonds and redemption of mistakes committed by perpetrators of crimes against their victims, as well as providing opportunities for perpetrators of crimes to take direct responsibility. In terms of settlement of criminal cases that can be terminated by law, it has several classifications, namely minor crimes, cases of women who are in conflict with the law, children's cases and narcotics cases. One of the cases that can be resolved with Restorative Justice is embezzlement. Embezzlement is defined as taking possession of goods or something that is owned by another person but this action is not something against the law, but in use it is used unlawfully as if it were his own. In the case of Case Number: PDM-19/SUKAMARA/Eoh.2/08/2022, the termination of prosecution by the Prosecutor was not in accordance with Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This research was conducted to examine and analyze whether cases that were terminated by law were in accordance with Article 5 Paragraph (1) letter c and Article 9 Paragraph (5) Prosecutor's Regulation Number 15 of 2020.
The results obtained from research on Case Number: PDM-19/SUKAMARA/Eoh.2/08/2022, namely that it is in accordance with the concept of Restorative Justice however, is not in accordance with Article 5 Paragraph (1) letter c and Article 9 Paragraph (5) Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice in terms of the terms and process of the case.
Copyright (c) 2023 Dea Risma Salsabila, Pudji Astuti
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Authors who publish this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors can separately make additional contractual arrangements for non-exclusive distribution published by the journal (e.g., publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are allowed and encouraged to send their work via online (e.g., in the institutional repositories or their website) after published by the journal.
Abstract Views: 91
PDF Downloads: 133
