CD Tesis

Penerapan Restoratif Justice Ditinjau Dari Peraturan Kejaksaan Republik Indonesia Nomor 15 Tahun 2020 Terhadap Penghentian Penuntutan Di Wilayah Hukum Kejaksaan Tinggi Riau

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The concept of restorative justice is a critique of the concept of the
criminal justice system which sees crime as a violation of state rules. The state
has the right to punish violators in order to create social stability. The victim's
suffering is considered complete/break even if the state has made the perpetrator
suffer. However, this is a concept of colonial heritage which is considered not to
have a positive impact on reducing crime rates and recidivism rates. There are
several cases that occurred in the jurisdiction of the Riau High Prosecutor's
Office which were resolved with the concept of restorative justice, but there were
differences of opinion between the District Attorney's Office and the High
Attorney's Office. The formulation of the first problem is how the problematics of
applying restorative justice are in terms of the Republic of Indonesia Prosecutor's
Regulation number 15 of 2020 regarding the termination of prosecution in the
Riau High Attorney's jurisdiction. The method used is a sociological juridical
approach, namely by identifying and conceptualizing law as a real and functional
social institution in a real life system. The results of the study show that the
problems of the application of Restorative Justice in terms of the Regulation of the
Attorney General of the Republic of Indonesia Number 15 of 2020 on the
Termination of Prosecution in the Legal Territory of the Riau High Prosecutor's
Office are related to the different perspectives of Law Enforcers and the
Subjectivity of Law Enforcers in approving the termination of prosecution.
Meanwhile, the concept and efforts to overcome problems in the application of
Restorative Justice to the Termination of Prosecution in the Legal Area of the
Riau High Prosecutor's Office are to clarify the requirements for filing a
termination of prosecution based on restorative justice as contained in the
Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of
2020 and the common perception and objectivity of law enforcers. to the
instructions for implementing the Regulation of the Prosecutor's Office of the
Republic of Indonesia Number 15 of 2020.
Keywords: ; Restorative Justice; Termination of Prosecution; Justice

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0023)

Penerbit

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

Deskripsi Fisik

x, 169 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0023)

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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