Juridical Review of Comparative Prosecution Systems in Indonesia and the United States of Prosecutors Based on Restorative Justice

DOI

10.2991/assehr.k.220204.014How to use a DOI?

Keywords

Termination of Prosecution; Prosecutor; Restorative Justice

Abstract

Prosecutors are state institutions that carry out prosecutions. Knowledge of the criminal law prosecution system is needed to optimize the performance of law enforcement officers at the prosecutor’s office so that justice, legal certainty and benefit can be realized. The main problem is how to apply the termination of prosecution based on Restorative Justice at the prosecutor’s office and how the Criminal Case Judgment Legal System in Indonesia compares to that in the United States. This study aims to optimize the application of the termination of prosecution based on Restorative Justice at the prosecutor’s office and compare the legal system for terminating criminal cases in Indonesia compared to the United States. The normative juridical research method is used in this study. The results show that the steps to optimize the prosecution system by democratizing include disclosing regulations and developing mechanisms that must be carried out gradually in all areas of public life so that the performance of public authorities is monitored. In addition, it is necessary to reform criminal law policies through laws, law enforcement, and legal culture to optimize the performance of law enforcement officers at the prosecutor’s office. This study concludes that optimization of implementation can be achieved through several strategies, such as increasing the integrity of bureaucratic reform, strengthening anti-corruption culture, and strict, consistent, and integrated law enforcement. There are many similarities between the structure of law enforcement in America and Indonesia in general, although there are differences in the main tasks and functions in detail.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Bona Fernandez Martogi Tua Simbolon
AU  - Alvi Syahrin
AU  - Madiasa Ablisar
AU  - Marlina
PY  - 2022
DA  - 2022/02/15
TI  - Juridical Review of Comparative Prosecution Systems in Indonesia and the United States of Prosecutors Based on Restorative Justice
BT  - Proceedings of the Second International Conference on Public Policy, Social Computing and Development (ICOPOSDEV 2021)
PB  - Atlantis Press
SP  - 85
EP  - 91
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220204.014
DO  - 10.2991/assehr.k.220204.014
ID  - Simbolon2022
ER  -