Volume 3, Nomor 1, January 2023
p-ISSN 2774-7018 ; e-ISSN 2774-700X
41 http://sosains.greenvest.co.id
INTRODUCTION
Human life cannot be separated from criminal acts, crimes, or criminal acts. Adults
do not only commit unlawful acts; children also do it, and even older adults (seniors) are
also subject to criminal acts. For this reason, the existence of law is essential. Indeed, the
law is the foundation, the basis, and the moral in guarding the achievement of the goals of
life that are aspired together for the sake of the emergence of social order. Of course, the
law also functions to prevent, reduce, and eradicate criminal acts. Imposing a crime
against the perpetrator needs to determine what actions are in-cluded in the category of
criminal acts, according to the principle of legality, namely that no act can be punished
but because of the strength of the existing criminal rules before the show was committed.
A criminal act is a term that contains a basic understanding of the science of criminal law,
which is formed by awareness giving specific characteristics to criminal law events.
Legal acts, events, and criminal acts are often referred to as delict in legislation.
Prohibited acts in the Criminal Code or Criminal Code are known as strafbaar feit, and
the literature on criminal law often uses the term delict (Rahmawati, 2017). At the same
time, lawmakers formulate a rule using the terms criminal event, criminal act, or criminal
act. The criminal system in the Criminal Code (KUHP) still maintains a retributive
paradigm, namely providing appropriate retaliation for crimes committed by perpetrators
and staying focused on prosecuting their crimes. This system's implementation has not
considered the recovery of victims' losses.
Restorative Justice is the process of resolving cases of law violations that occur
with the victim and the perpetrator (suspect) sitting together in a meeting to talk together
(Hambali, 2019). In the forum, the mediator provides the perpetrator with a clear picture
of his actions. In this media, the perpetrator describes his effort and why the perpetrator
carried out the motion (Meidianto & STK, 2021). The victim must listen to the
perpetrator's explanation. Restorative justice is one solution to solving crime cases,
namely by prioritizing the core problem of crime. The critical solution must be
considered to repair the damage caused by the crime.
To make this happen, on July 21, 2020, the Attorney General of the Republic of
Indonesia, Dr. ST. Burhanuddin, SH., MH, signed the Attorney General's Regulation
Number 15 of 2020 concerning Restorative Termination of Prosecution. The regulation
was promulgated and entered into force on July 22, 2020. Since then, state prosecutors
throughout Indonesia have started to stop prosecutions based on restorative justice since
August 13, 2020, with the Gunung Kidul District Attorney being the first District
Attorney to terminate prosecutions based on restorative justice. On the siblings who were
fighting in the case of abuse, followed by the South Lampung District Attorney on
August 19, 2020, in the case of taking rubber latex at TPN VII Bargen Tanjung Bintang,
and as of October 1, 2020, 101 (one hundred and one) patients had been successfully
decided based on the restorative justice of the prosecutors throughout Indonesia.
It should be noted that bringing restorative justice in criminal matters to the
criminal justice system in Indonesia is not easy (Nurman, 2022). Restorative justice is the
most recent model of justice, where the method of its use in criminal justice is only
regulated in United Nations (UN) resolutions, the basic principle on the use of restorative
justice in criminal matters in 2000. The United Nations, since the 9th congress, has
encouraged all countries in the world to consider carrying out private prosecutions
through alternative dispute resolution mechanisms (ADR), which can be in the form of
mediation and conciliation and can pro-vide several restitution or compensation. In the
criminal justice system. It is not easy to accept in the civil law legal system (Joice Soraya,
2022).