Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)

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Implementation of Restorative Justice at the Prosecution Stage by the Attorney General of the Republic of Indonesia: a study of paradigm changing

Authors
Ade Saptomo1, *, Muhammad Afif Pramono2
1Faculty of Law, Pancasila University, Jakarta, Indonesia
2State Islamic University (UIN) Walisongo, Semarang, Indonesia
*Corresponding author. Email: adesaptomo@yahoo.com
Corresponding Author
Ade Saptomo
Available Online 11 February 2025.
DOI
10.2991/978-2-38476-356-6_4How to use a DOI?
Keywords
Restorative Justice; Social Forces; Cultural Forces
Abstract

A fascinating social legal issue that has to be thoroughly studied from a scientific perspective is the use of restorative justice to settle criminal cases; in non-retaliatory offenses, this method takes into account the rights and interests of both the victim and the offender, with a focus on returning things to how they were. The legal foundation for its execution is Republic of Indonesia Prosecutor’s Regulation Number 15 of 2020 on Termination of Prosecution Based on Restorative Justice. The Attorney General of the Indonesian Republic issued the aforementioned termination order during the pre-prosecution stage in accordance with statutory norms. However, due to the particular sociocultural circumstances of the location in issue, restorative justice cannot be used to address all criminal cases. Why? In order to address this, normative research was carried out, which involved gathering documentary evidence and analyzing it using the concept of social and cultural elements. The results of the study show a distinct and steady trend toward the employment using restorative justice in criminal trials. As a result, this study is crucial for doing research and studies in accordance with Indonesian society’s sociocultural conditions.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
11 February 2025
ISBN
978-2-38476-356-6
ISSN
2352-5398
DOI
10.2991/978-2-38476-356-6_4How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Ade Saptomo
AU  - Muhammad Afif Pramono
PY  - 2025
DA  - 2025/02/11
TI  - Implementation of Restorative Justice at the Prosecution Stage by the Attorney General of the Republic of Indonesia: a study of paradigm changing
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 25
EP  - 31
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_4
DO  - 10.2991/978-2-38476-356-6_4
ID  - Saptomo2025
ER  -