CD Tesis

Tinjauan Yuridis Terhadap Penghentian Penuntutan Suatu Perkara Berdasarkan Peraturan Kejaksaan Nomor 15 Tahun 2020 Tentang Penghentian Penuntutan Berdasarkan Keadilan Restoratif

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The Attorney General's Regulation Number 15 of 2020 is one of the instruments or legal basis used as a rule related to the implementation of the concept of restorative justice in Indonesia, so that this law must be able to provide good values to the community, and must also prioritize the principles of justice and prudence. . This prosecutor's regulation must have strong legal norms so that it can be implemented properly and correctly, so as not to cause new problems in the future. In addition, several weaknesses or problems were found in the Attorney General's Regulation No. 15 of 2020, such as the content material regarding restorative justice as regulated in the Attorney General's Regulation No. 15 of 2020 must be leveled up and included in the Prosecutor's Bill. “The material for the Attorney General's Regulation is raised in the Prosecutor's Bill which is considered important. The Perja spirit needs to be formulated into the Prosecutor's Bill so that the norms are stronger. In the hierarchy of laws and regulations, the position of the Act is much stronger than that of the Attorney General's Regulations. However, not all of the formulations of the Prosecutor's Regulations are adopted as legal norms. "Not everything is taken. Only important things are included in the Prosecutor's Law Draft so that the Prosecutor's Regulation can be implemented to the maximum and have strong legal norms. The ideal concept is to synchronize the law related to the article concerning the termination of prosecution by the prosecutor based on the Attorney General's Regulation Number 15 of 2020 with the arrangements contained in the Criminal Procedure Code, the Regulation on Restortive justice is formulated into higher legislation or not only at the level of prosecutor's regulations in order to create stronger and binding legal norms, The existence of a supervisory agency in the implementation of restorative justice in the termination of prosecution by the prosecutor, both internal and external supervisory institutions, Revising the Criminal Procedure Code regarding the terms of termination of cases due to restorative justice, More specifically, the regulation related to offenses that can be carried out by Restorative Justice, in the Prosecutor's Regulation must contain more clearly the systematics of the implementation of Restorative Justice and benchmarks in the implementation of Restorative Justice by the Service.
This study aims to determine the urgency of implementing the concept of restorative justice in Indonesia and the ideal concept of restorative justice in Indonesia. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. And we need a formulation of higher legislation on the concept of Restorative Justice in Indonesia. This research is a type of normative legal research, namely research conducted by examining library materials. The approach method used in this research is qualitative juridical data analysis, which is a description of the collected legal materials and because the data is not in the form of numbers that will be arranged logically and systematically and without using statistical formulas. . Furthermore, the researcher explains clearly and in detail through analysis based on legal principles and legal synchronization related to the research topic.
Keywords: Judicial Review, Restorative, Justice, Criminal, Prosecution

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0018)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2021

Deskripsi Fisik

ix, 148 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0018)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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