Kewenangan Diskresioner Jaksa Agung Dalam Menentukan Jenis Tindak Pidana Sebagai Objek Restorative Justice: Analisis Yuridis Terhadap Asa Oportunitas Dan Kebijakan Penghentian Penuntutan Di Indonesia

Abstract

This study aims to examine how the Attorney General exercises his authority in determining the types of criminal offenses that can be processed through the Restorative Justice mechanism, while also outlining the legal foundation and its implications for the Indonesian criminal justice system. The research method combines a normative juridical approach with an analysis of various legal documents related to the prosecutorial authority. The findings of this study indicate that such authority represents a manifestation of the principle of opportunity, which allows prosecutors to terminate prosecution of certain cases in order to achieve more substantive justice. The determination of cases eligible for restorative resolution is guided by several criteria, including a maximum penalty not exceeding five years of imprisonment, limited financial loss, the offender not being a recidivist, the achievement of a mutual settlement agreement, and the absence of significant social impact. The issuance of the Attorney General Regulation Number 15 of 2020 further strengthens the legal legitimacy of implementing Restorative Justice in prosecution practices. The implementation of this policy contributes to reducing the accumulation of cases in court, alleviating overcrowding in correctional institutions, and helping restore relationships among offenders, victims, and the community. Thus, the discretionary authority of the Attorney General in adopting the Restorative Justice approach signifies a shift in the orientation of law enforcement from a retributive model toward a more humane and restoration-focused approach to justice.