Concept of Termination of Law Investigations Restorative Justice

Subagiono, Yoyok (2020) Concept of Termination of Law Investigations Restorative Justice. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

In Indonesia the development of the concept of Restorative Justice is something new, Restorative Justice is a form of justice that emphasizes the involvement of all parties involved in a particular crime, both the victim, the perpetrator and the community to jointly solve the problem in dealing with the consequences of the crime, with orientation to improve, create reconciliation and satisfy all parties. As diversified, Restorative Justice is carried out outside the formal process through the court to demonstrate law enforcement and a sense of justice properly. Every investigation of a criminal case is not impossible to find a dead end so that it is no longer possible to continue the investigation. In such situations, the investigator is given the authority to terminate the investigation. The Criminal Procedure Code specifies a limited reason used to stop the investigation. Based on the above background description, the authors formulate the problems that become the topic of discussion in this dissertation are as follows: What is the nature of stopping investigations for the sake of law? What is the concept of terminating investigations for the sake of law based on restorative justice? .Research Objectives To analyze and find the nature of the termination of investigation by law. To analyze and find the concept of terminating the investigation by law based on restorative justice. To answer the problems that have been formulated in this study, research methods are used, namely normative legal research (Normative juridical). Normative Legal Research (normative juridical) is a legal research method conducted by examining mere library materials or secondary data. This research was conducted to identify the concepts and principles and principles of sharia that are used to regulate police authority with restorative justice in stopping criminal case investigations. The method of thinking used is the method of deductive thinking (a way of thinking in drawing conclusions drawn from something of a general nature that has been proven that he is right and the conclusion is intended for something of a special nature). The origin of the research is the relationship between the nature and the concept in restorative justice. It is found that there is a lack of clarity between the reality and the rules. hesitant in taking the decision, even though there have been reasons for the abolition of the right to sue and loss of the right to carry out the crime, that is because nebis in idem, the suspect died, or because the criminal case has expired, and there is not enough evidence. A cessation of investigations carried out by investigators must be truly accountable, in the sense that the cessation of such investigations is based on the facts that occur which by law must stop the investigation. Substantially Restorative Justice as a guideline in the implementation of Restorative Justice established based on the principles of the formation of theNational legal system, is declared to be able to integrate criminal justice mechanisms with police discretion

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