Tinjauan Yuridis Terhadap Penerapan Restorative Justice Dalam Proses Penuntutan Perkara Tindak Pidana Penggelapan Di Kejaksaan Negeri Kota Lubuklinggau

Abstract

This journal discusses the Legal Review of the Implementation of Restorative Justice in the Prosecution Process of Embezzlement Cases at the Lubuklinggau City District Attorney's Office. The main problem is How is the legal review of the implementation of restorative justice in the process of prosecuting embezzlement cases at the Lubuklinggau City District Attorney's Office. What are the obstacles of the Lubuklinggau City District Attorney's Office to the implementation of restorative justice in the process of prosecuting embezzlement cases. How are the considerations of the victim so that they choose to resolve the case with the restorative justice mechanism in the process of prosecuting embezzlement cases. This type of research is normative-empirical. Normative-empirical (applied) legal research is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) in every particular legal event that occurs in society. The minimum approach that must be present in normative-empirical legal research is a conceptual approach, a statutory approach, because there is no research that does not start from the concepts and applicable statutory regulations, then supplemented with one or more approaches in empirical legal research. Data collection techniques include; collection of secondary data (literature and written documents) through library studies and document studies and collection of primary data (data on the object of research conducted) through interviews with respondents and informants and sources, questionnaires or lists of questions and observations of the research location to be conducted. This study concludes that the Lubuklinggau City District Attorney's Office has implemented restorative justice in the prosecution process of the embezzlement case with the defendant Sulaiman at the Lubuklinggau City District Attorney's Office carried out in full in accordance with the Attorney General's Regulation Number 15 of 2020 and the Circular Letter of JAM-Pidum (Junior Attorney General for General Crimes) Number: 01/E/EJP/02/2022 concerning the Implementation of Termination of Prosecution Based on Restorative Justice. During its implementation, not all criminal cases can be resolved with restorative justice at the Lubuklinggau City District Attorney's Office. There are conditions that must be met by the victim as explained in the Attorney General's Regulation Number 15 of 2020. The fulfillment of obligations shows that the implementation of the Attorney General's Regulation Number 15 of 2020 creates justice for the parties, namely victims, suspects, families and the community. In addition, a peace agreement through termination of prosecution based on restorative justice is considered successful if the suspect has fulfilled his obligations to the victim or other matters have been fulfilled in accordance with the peace agreement that has been made in writing.