THE RECONSTRUCTION OF RESTORATIVE JUSTICE BY THE PROSECUTOR'S OFFICE OF THE REPUBLIC OF INDONESIA IN TERMS OF THE PROGRESSIVE LEGAL PARADIGM
The purpose of this study is to analyze: 1) What is the position of Restorative Justice in the Criminal Justice System in Indonesia? 2) What is the Progressive Legal paradigm towards the principle of doelmatigheid as a Law Enforcement Policy by the Attorney General of the Republic of Indonesia? 3) Ratio legis application of doelmatigheid principle and rechtmategheid principlein Indonesia in terms of legal positivism? 4) What is the ideal construction of termination of prosecution by the Attorney General of the Republic of Indonesia?. The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The settlement of cases that have been implemented in the Prosecutor's Office through alternative restorative justice has opened up hope for the community to be able to obtain a sense of justice that can restore peace and harmony in the community, because the settlement of cases that have been carried out through the mechanism of court hearings has not fully touched the sense of justice of the community. 2) For progressive law, Social justice must be fought for two things: First, to correct and improve the conditions of inequality experienced by the weak by presenting empowering social, economic, and political institutions. Second, every law must position itself as a guide to develop policies to correct the injustices experienced by the weak. 3) This legal certainty comes from Juridical-Dogmatic teachings based on the Positivist school of thought in the legal world which tends to see law as something independent autonomous, because for adherents of this school, the purpose of law is nothing but to guarantee its realization by general law. The general nature of the rules of law proves that law does not aim to bring about justice or expediency, but merely for certainty. 4) Termination of prosecutions based on restorative justice is carried out by the Prosecutor's Office to fulfill the sense of justice of the community by balancing between legal certainty (rechtmatigheid) and expediency (doelmatigheid) in the exercise of prosecution authority based on law and conscience.
Reconstruction, Justice, Restorative, Prosecutor's Office, Republic of Indonesia, Paradigm, Progressive Law.