印度尼西亚刑事司法制度中基于恢复性司法的检察官权力终止起诉政策

Laksamana Bagas Dewandaru, Jawade Hafidz, Latifah Hanim
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引用次数: 1

摘要

这项研究的目的是根据刑事司法系统中的恢复性司法,即根据机会原则,确定检察官在终止起诉方面的权力政策,即检察官办公室是唯一控制案件的国家机构,或有权根据该法的规定继续或不向法院提交案件。司法部长关于基于恢复性司法终止起诉的2020年第15号条例暗示了这一权力。所使用的方法是规范的司法方法。规格说明是描述性的分析性的。资料的类型为二手资料,分为源自法律的法律资料和法学的法律资料。数据收集的方法是通过文献研究和访谈,数据分析方法是定性分析。《检查法》也包括在归因中,即立法者将政府权力授予政府机关。在伊斯兰教的刑事理论中,基于恢复性司法的停止起诉权作为一种特殊的预防手段被纳入,根据伊斯兰教的发展历史,停止起诉权被纳入对罪犯的改造。在研究人员进行的研究中发现,在邦盖地区检察官办公室,即根据邦盖地区检察官B-748/P.2.11/Eoh号法令,在停止基于恢复性司法的起诉方面存在障碍。2021年2月11日,即相关各方走过的距离。与邦盖地方检察院的案件距离很远,道路基础设施条件不利。所犯的罪行是家庭暴力,这使得和平努力难以进行,因此分配的时间非常有限。如果从执法理论出发,这些障碍包括在法律文化和法律实质中。
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The Policy of the Prosecutor's Authority in Termination of Prosecutions based on Restorative Justice in Criminal Justice System In Indonesia
This study aims to determine the policy of the prosecutor's authority in terminating prosecution based on restorative justice in the criminal justice system, namely based on the principle of opportunity, namely the Prosecutor's Office is the only State Institution controlling cases or has the authority to continue or not file cases to the Court based on the provisions of the Act. This authority is implied in the form of the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The approach method used is normative juridical. Specifications are descriptive analytical. The type of data is secondary data, divided into legal materials derived from law and legal science. The method of data collection through literature study and interviews with the data analysis method is qualitative analysis. The Prosecutor's Law is included in attribution, namely the granting of government authority by lawmakers to government organs. In Islamic criminal theory, the authority to stop prosecution based on restorative justice is included as special prevention and according to the history of Islamic development, it is included in the rehabilitation of the criminal. In the research conducted by the researcher, it was found that there were obstacles in stopping prosecution based on restorative justice at the Banggai District Prosecutor's Office, namely based on the decree of the Banggai District Attorney Number B-748/P.2.11/Eoh.2/11/2021, namely the distance traveled by the parties involved. The case with the Banggai District Prosecutor's Office is quite far away, with the condition of the road infrastructure being unfavorable. The crime committed is domestic violence which makes it difficult for peaceful efforts to be carried out, so that the time allotted is very limited. If drawn from the theory of law enforcement, these obstacles are included in the legal culture and legal substance.
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0.40
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12 weeks
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