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

Summary/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 No 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 comprise legal literature, journals, and related papers. Data analysis was done descriptively and 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. Articles 139 and 140 § 2 of KUHAP regulate the Prosecutor's authority to ensure the achievement of legal objectives such as justice, certainty, and legal benefits. Prosecutors ensure that the prosecution process achieves legal objectives. Prosecutors must discontinue prosecution based on restorative justice when they cannot achieve legal objectives by submitting cases to court. Humane and conscience-based handling of criminal cases is required, with strict consideration in applying restorative justice according to specified criteria.

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