PENGHENTIAN PENYIDIKAN MELALUI RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KEKERASAN SEKSUAL (STUDI PUTUSAN NO. 5/PID.PRA/2022/PN BGR)

Abstract

Termination of an investigation through restorative justice in a sexual violence case cannot be carried out freely, as criminal procedural law limitatively regulates the grounds for such termination. This issue is reflected in Pre-Trial Ruling No. 5/Pid.Pra/2022/PN Bgr, which validated a Notice of Investigation Termination (SP3) based on the withdrawal of the report and a reconciliation marked by marriage between the victim and one of the suspects. This study analyzes the conformity of the grounds for issuing the SP3 and the judge's reasoning with Article 109 paragraph (2) of the Indonesian Criminal Procedure Code (KUHAP), using a normative legal method with statutory and case-based approaches. The results show that the SP3 did not satisfy any limitative category under Article 109 paragraph (2) KUHAP, since the alleged offense is a non-complaint offense, and the SP3 was issued uniformly for all four suspects despite the marriage-based settlement involving only one of the four co-principals (medepleger). The judge's reasoning was inconsistent with Article 109 paragraph (2) KUHAP, as it merely examined procedural issuance of the SP3 using an evidentiary standard from a Constitutional Court ruling intended to assess suspect designation, and failed to consider the disparity in settlement among the suspects.