Analisis Yuridis Terhadap Pertimbangan Hakim Pada Tindak Pidana Penggelapan Paska Gagalnya Penyelesaian Melalui Restorative Justice (Studi Putusan Nomor: 209/Pid.B/2025/PN Lmg)

Akbar, Wahyu Fadhilla (2026) Analisis Yuridis Terhadap Pertimbangan Hakim Pada Tindak Pidana Penggelapan Paska Gagalnya Penyelesaian Melalui Restorative Justice (Studi Putusan Nomor: 209/Pid.B/2025/PN Lmg). Undergraduate thesis, UPN VETERAN JAWA TIMUR.

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Abstract

The termination of prosecution based on restorative justice serves as a mechanism to restore the status quo outside of formal court proceedings. However, in practice, not all criminal cases involving embezzlement are successfully resolved through this avenue. This study aims to identify and analyze the factors causing the failure to resolve embezzlement cases via restorative justice at the Lamongan District Attorney's Office, as well as to analyze the panel of judges' considerations in imposing criminal sanctions on the perpetrator following the failed restorative justice attempt in Judgment Number: 209/Pid.B/2025/PN Lmg. Consequently, this study addresses two research questions: what caused the failure of the restorative justice resolution, and what was the basis for the judges' decision to impose a criminal sentence on the perpetrator of the embezzlement offense in Judgment Number: 209/Pid.B/2025/PN Lmg? The study employs a normative legal research method with a descriptive-analytical nature. It utilizes statutory and case study approaches, supplemented by interview data from the Lamongan District Attorney's Office. Legal materials were analyzed qualitatively to provide a systematic explanation. The failure of restorative justice was due to a failure to meet formal requirements; although the victim and perpetrator had agreed to a settlement and the loss had been compensated, the value of the loss in this case exceeded the maximum limit of IDR 2,500,000.00 stipulated in Article 5 paragraph (1) of the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020. Bound by this established rule, the Junior Attorney General for General Crimes (JAMPIDUM) rejected the termination of prosecution. Keywords: Embezzlement, Judges' Considerations, Restorative Justice.

Item Type:

Thesis (Undergraduate)

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