An Analysis of the Prosecutor's Authority to Terminate Prosecution Based on Restorative Justice with the Prosecutor's Authority as a Public Prosecutor

Abstract

This study aims to analyze the prosecutor's authority in terminating the prosecution of criminal cases based on restorative justice and the impact of the issuance of Circular Letter Number 01/E/Ejp/02/2022 concerning the Implementation of Termination of Prosecution Based on Restorative Justice. The method used is normative juridical with a statutory approach and legal concepts. Primary legal materials include laws and attorney general regulations, while secondary legal materials consist of legal literature, journals, and related papers. Data analysis was done descriptively qualitatively. This research found that prosecutors have maximum authority as dominus litis in the criminal justice system in Indonesia, which includes prosecution, submission of cases to court, and termination of prosecution based on restorative justice. Article 139 and 140 paragraph (2) of KUHAP regulates the prosecutor's authority to ensure the achievement of legal objectives such as justice, certainty, and legal benefits. Prosecutors are responsible for ensuring that legal objectives can be achieved through the prosecution process. Discontinuation of prosecution based on restorative justice is important when legal objectives cannot be achieved through the submission of cases to court. Humane and conscience-based handling of criminal cases is required, with strict consideration in applying restorative justice according to specified criteria.