Synchronizing Restorative Justice in Criminal Law: A Study of Attorney General Regulation No. 15 of 2020 In The Republic of Indonesia

Abstract

The Attorney General Regulation No. 15 of 2020 on Termination of Prosecution Based on Restorative Justice represents an innovation by the Attorney General's Office of Indonesia to address evolving societal legal needs. However, the regulation contains shortcomings and conflicts with criminal law provisions regarding the resolution of criminal cases outside the court system under restorative justice principles. This normative legal research employs a descriptive-analytical approach, analyzing general theories and concepts to explain and compare relevant data. The findings are as follows: First, the essence of restorative justice in Indonesia's criminal justice system lies in fostering peace among offenders, victims, and society, emphasizing the inseparability of justice and peace. Second, significant inconsistencies exist between the regulation and the Indonesian Penal Code in terms of offense categories, procedures for prosecution termination, victim involvement, recidivism, and age limits. Incompatibilities with the Criminal Procedure Code are also evident, as the latter lacks explicit provisions on out-of-court settlements. Third, the adoption of restorative justice in the regulation shifts the paradigm of punishment goals, sacrificing legal certainty in prosecution termination practices