PENDEKATAN RESTORATIVE JUSTICE DI TINGKAT PEMERIKSAAN PERKARA PIDANA OLEH HAKIM ATAS KEGAGALAN DI TINGKAT PENUNTUTAN

DenovaDenova, Shallomitha Herwidya (2025) PENDEKATAN RESTORATIVE JUSTICE DI TINGKAT PEMERIKSAAN PERKARA PIDANA OLEH HAKIM ATAS KEGAGALAN DI TINGKAT PENUNTUTAN. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The application of Restorative Justice regulates that judges can try criminal cases with Restorative Justice is an approach in handling criminal cases that is carried out by involving the parties, namely victims, families of victims, defendants or children, families of defendants or children, and other related parties, with the process and purpose of recovery, and not retaliation. The application of restorative justice between the victim and the perpetrator will be used as a reason that mitigates the punishment and becomes a consideration for the judge to impose a conditional supervision sentence. This research uses a normative method that refers to secondary data and uses data analysis methods carried out with primary legal materials, namely laws and regulations and secondary legal materials, namely interviews with sources. Based on the results of the research, it shows that the failure of the application of restorative justice at the prosecution level does not affect its application at the level of examination of criminal cases by judges. The success of restorative justice depends on the agreement between the victim and the defendant. In practice, the judge still acts as a facilitator to seek peace between the victim and the defendant by considering the interests of both parties.

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