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VOL. 8, ISSUE 1 (2022)
Juridical implication and binding authority of dropping charge based on restorative justice
Authors
Asmadi Syam, Mohd Din, Rizanizarli
Abstract
Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is the basis for the implementation of the criminal justice system in Indonesia. The issuance of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a new norm that is not contained in the norms of the Criminal Procedure Code. This study aims to explain the juridical impact and legal force binding termination of prosecution based on restorative justice. The research method used in this research is normative juridical research by examining the application of legal principles to the issuance of the Prosecutor's Office Number 15 concerning Termination of Prosecution Based on Restorative Justice. The results showed that the termination of prosecution based on restorative justice had broken through the formal legal system of the Criminal Procedure Code but had a positive impact on the implementation of the principle of a simple, fast, and low-cost trial, and the termination of prosecution based on restorative justice had binding legal force because it was the prosecution's discretion and legal remedies could not be taken for the sake of the realization of legal certainty. It is recommended that the regulation on prosecution discretion and the prosecutor's authority to conduct penal mediation be standardized in a regulation equivalent to the law so as not to cause multiple interpretations in its implementation.
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Pages:185-190
How to cite this article:
Asmadi Syam, Mohd Din, Rizanizarli "Juridical implication and binding authority of dropping charge based on restorative justice ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 185-190
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