IMPLEMENTASI PENGHENTIAN PENUNTUTAN MELALUI RESTORATIVE JUSTICE TINDAK PIDANA KEKERASAN TERHADAP ANAK YANG DILAKUKAN OLEH ORANG DEWASA (STUDI KASUS DI KEJAKSAAN NEGERI SAMARINDA)

Wardhana, Mahesa Respati Sukma (2026) IMPLEMENTASI PENGHENTIAN PENUNTUTAN MELALUI RESTORATIVE JUSTICE TINDAK PIDANA KEKERASAN TERHADAP ANAK YANG DILAKUKAN OLEH ORANG DEWASA (STUDI KASUS DI KEJAKSAAN NEGERI SAMARINDA). Undergraduate thesis, Universitas Pembangunan Nasional "Veteran" Jawa Timur.

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Abstract

The termination of prosecution through Restorative Justice is a policy within the criminal justice system aimed at resolving criminal cases by emphasizing victim recovery, offender accountability, and the restoration of social harmony. In cases of violence against children committed by adults, its implementation requires particular caution to ensure the best interests of the child as the victim. This study aims to examine the implementation of the termination of prosecution through Restorative Justice at the Samarinda District Prosecutor's Office, as well as the obstacles and solutions encountered in its implementation. This research employs an empirical legal research method using statutory and conceptual approaches. Data were collected through interviews, observations, and library research and analyzed using a descriptive qualitative method. The findings indicate that the implementation of the termination of prosecution through Restorative Justice at the Samarinda District Prosecutor's Office has been carried out in accordance with the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. However, several challenges remain in its implementation, particularly those arising from external factors, including the victim's psychological condition not yet having fully recovered, the failure to reach a voluntary settlement agreement, the parties' limited understanding of Restorative Justice, and environmental influences affecting the case resolution process. The measures undertaken to address these challenges include strengthening psychological assistance for victims, improving communication and persuasive approaches toward the parties involved, optimizing legal education, and increasing public awareness of Restorative Justice through broader socialization. Therefore, although the implementation of Restorative Justice has been carried out in accordance with the applicable regulations, further optimization is still required to ensure child protection, legal certainty, justice, and legal expediency.

Item Type:

Thesis (Undergraduate)

Contributors: