Juridical Analysis of the Implementation of Restorative Justice at the Prosecution Stage for Crimes of Theft Under Two Million Rupiah in the Legal System in Indonesia

Abstract

Indonesia continues to strive so that the laws implemented or implemented by the community must be sourced from the values that live and develop in society. If legal entities in Indonesia are implemented, the community will not feel objections or be unfamiliar with the legal model. Restorative justice is the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair resolution by emphasizing restoration to the original state, and not retaliation. Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia states that one of the Attorney General's powers is to set aside cases in the public interest. The Prosecutor's Office feels that there are many irregularities in the criminal law system that has been in force, therefore in this case what is meant by "public interest" is the interest of the nation and state and/or the interest of the wider community. This research was carried out using a research method in the form of a Normative Juridical method. Data collection was carried out by means of literature study. The research specifications used are descriptive qualitative. This research aims to find out how restorative justice is carried out for perpetrators of minor crimes in the form of theft at the prosecutor level and how restorative justice is implemented for perpetrators of minor crimes in the form of theft at the Pangkalpinang District Prosecutor's Office, case study Cessation of Prosecution through the Pangkalpinang Kajari Termination of Prosecution Decree Number 01/L. 9.10.3/Eoh.2/01/2022 dated January 13, 2022.
Keywords:Theft; Termination of Prosecution; Restorative Justice