Sari, Retno Dewi Pulung and Pratama, I Gusti Agung Ananta (2021) Legal Certainty in Restorative Justice as Law Enforcement for Criminal Acts in the New Normal Period. Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences, 4 (4). pp. 10069-10078. ISSN 2615-1715(Print) ISSN : 2615-3076 (Online)
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Abstract
The Covid-19 Pandemic has made the situation of society must
change in order to maintain public health. The rules that have
been in effect so far, the perpetrators of the criminal act will
undergo an investigation by the police and the prosecutor's office
before entering the trial process. During the trial process, the
police searched for evidence of the suspect's actions until they got
all the evidence. The police investigator submission the case to the
prosecutor and carry out after the evidence is complete. With the
covid-19 pandemic, covid 19 can be transmitted more easily by
having close encounters with other suspects in detention centers.
For health reasons, there is no transmission. It is necessary to
reduce the number of people who enter detention centers.
Moreover, for the time being, the Detention Center occupants
have a number that exceeds the capacity, so that it is very prone to
transmission. While the suspect must act as a deterrent to their
actions. It is necessary to protect the human rights of the
perpetrator. In the Indonesian legal system that has the principle
of presumption of innocence provides legal certainty with the
decision of the judge. So that the termination of the prosecution
submitted by the prosecutor will make the public feel the legal
certainty to be ruled out. This is a matter that wants to be
examined to provide understanding for the public about the
attorney general's regulation number 15 of 2020 on the
termination of prosecution as restorative justice. The research
method uses a normative approach by using research on the
criminal procedure law, other implementing regulations, and
reference books that support the protection of the criminal's
human rights during the Covid-19 pandemic.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | human rights; perpetrators; restorative justice |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Prodi Ilmu Hukum |
| Depositing User: | Retno Dewi Pulungsari |
| Date Deposited: | 07 Mar 2022 08:02 |
| Last Modified: | 24 Mar 2026 16:17 |
| URI: | https://repositori.ukdc.ac.id/id/eprint/1014 |
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