Legality of Discretionary Prosecution Principle in Terminating Prosecution Based on Restorative Justice

Abstract

The purpose of writing this article is to examine the fulfillment of the legality principles of criminal procedural law in implementing the termination of prosecution based on restorative justice in accordance with Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This article was written using normative legal research methods with a legislative approach, especially those related to prosecutorial authority. The legal materials used for analysis are primary legal materials and secondary legal materials. The technique for collecting legal materials uses library research. This authority to terminate prosecution meets the principle of legality because apart from Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, it can also be found in the systematic interpretation of Article 139 in conjunction with Article 140 paragraph (2) letter a of the Criminal Procedure Code (with broad meaning) , Article 14 letter g of the Criminal Procedure Code (with complete interpretation) and Article 34A of Law Number 16 of 2004 concerning the Prosecutor's Officer. This article can provide an understanding of the mechanism for terminating prosecution which is based on the Attorney General's Regulation which meets the legality principles of criminal procedural law, even though it is not explicitly stated in the law.