IMPLEMENTASI PASAL 85 DAN 86 UNDANG-UNDANG NOMOR 20 TAHUN 2025 TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF DI KEJAKSAAN NEGERI TULUNGAGUNG

Abstract

Indonesia's criminal justice system has traditionally emphasized a retributive approach. The enactment of Law Number 20 of 2025 on the Criminal Procedure Code has strengthened the legal framework for prosecution termination based on restorative justice through Articles 85 and 86. As this legislation has only recently entered into force, empirical evidence regarding its implementation remains limited. This study aims to analyze the implementation of prosecution termination based on restorative justice at the Tulungagung District Prosecutor's Office and to identify the factors influencing its implementation. This study employed a socio-legal method with a qualitative descriptive approach. Primary data were collected through interviews and observations, supported by secondary legal materials. The findings indicate that the implementation generally complies with the prescribed procedural stages, as reflected in the successful termination of a theft case, whereas an assault case could not be completed due to procedural constraints arising from the expiration of the detention period before the case was presented for approval. The analysis demonstrates that community factors, particularly the victim's willingness to forgive and the offender's willingness to acknowledge responsibility and provide restitution, constitute the most decisive factors. Meanwhile, effective case administration and procedural coordination by public prosecutors represent the second most influential factor in ensuring successful implementation.