The Reconstruction of Principles Legality of Terminating Prosecution by Restorative Justice in the Salatiga Prosecutor’s Office

Abstract

The first emersion of the Regulation of Prosecutor General Number 15 of 2020 about the termination of prosecution based on Restorative Justice is expected to be able to resolve the crime in a peaceful way between the performer and the victim. During the run out of PERJA (the head of attorney general office regulation) in Salatiga State Prosecutor's Court there were two cases that were stopped its prosecution based on Restorative Justice using the Statute for the Termination of Prosecution (SKPP). The termination of the prosecution (SKPP) still allows for prejudicial legal efforts, thus creating legal uncertainty. This condition is different from the diversity in the criminal justice system of children that is not possible pre-jurisdiction. While the termination of the prosecution is based on restorative and diversified justice, both is the same and the same is the execution of restorative justice. This study examines what should be the basic of termination of the prosecution based on restorative justice. This research is a jurisprudence research which using normative with methods of collection of data of library studies by using qualitative descriptive analysis. The conclusion of this research is creating legal certainty which should be the termination of the prosecution based on restorative justice refers to the basis of opportunity, not for the sake of the interests of the law as in Article 140 (2) of the legal constitution. For future, there is necessary to extend meaning of the basis of opportunity as the basis for the termination of prosecution based on the Restorative Justice in order to legal certainty.