PELAKSANAAN PEMBATALAN RESTORATIVE JUSTICE DALAM PERKARA TINDAK PIDANA PENGANIAYAAN DI KEJAKSAAN NEGERI PADANG

Analisis Restorative Justice terhadap Perkara No.144/PID/2022/PT PDG

Abstract

Restorative justice that has been implemented in Indonesia is one of the efforts in resolving cases to change the formality of punishment which focuses on the sanctions that will be given to the perpetrator and the misery of the perpetrator into mediation involving the victim, relatives of the perpetrator/victim and parties involved in the case that creates an agreement to settle cases that are fair to both parties which aims to restore the pattern of good relations between the perpetrator and the victim. One of the cases that was resolved by the Padang District Attorney through the settlement method was the case of the crime of persecution. It started with the suspect and the victim who were both traders at the Padang Raya market. The suspect and the victim were fighting over the buyer, in the end the buyer gave the victim his wares. The suspect does not accept and fights with the victim and if the victim suffers an injury to the back of the head. The suspect's actions are punishable by Article 353 of the Criminal Code. In this case the prosecutor took the initiative to carry out restorative justice efforts for cases of abuse committed by the suspect. The formulation of the problem includes: 1) how is the legal arrangement related to the crime of persecution; 2) how is the process of resolving restorative justice in the crime of persecution; 3) what are the causes of the cancellation of restorative justice for the crime of persecution. To answer the problem the approach used is Juridical Empirical research where from this research the conclusions are obtained 1) this crime of persecution can be charged with articles 351-358 of the Criminal Code 2) the mechanism for settling cases in restorative justice justice stages start from the prosecutor's facilities to carry out peaceful efforts to record into the P-21 register book as a problem of restorative justice is counted as problem solving 3) factors that cause the cancellation of peace efforts that have been facilitated by the prosecutor due to a feeling of defeat towards the parties involved in the problem being carried out