Waiver of Restorative Justice Requirements in Embezzlement Cases Processed through the Public Prosecutor’s Office

Abstract

Restorative justice as one of the approaches that is starting to develop in the criminal law system in Indonesia. The purpose of this approach is to restore a certain condition caused by a criminal act to its original state. In Indonesia, there is still no legal umbrella that is the basis for the implementation of restorative justice. However, in several law enforcement agencies there are special regulations that are the basis for implementing case resolution through restorative justice. One of them is the Prosecutor's Regulation No. 15 of 2020, with this regulation, prosecutors are given the authority to terminate prosecution through restorative justice efforts. Not all criminal acts can be subject to restorative justice efforts, there are several requirements that need to be met so that a criminal act can be terminated. This study aims to provide an explanation regarding the implementation of restorative justice efforts at the prosecution level in the prosecutor's office, especially for embezzlement crimes.