jurnal Basis of Dominus Litis in the Process of Solving Criminal Cases of Persecution Through Restorative Justice

Basis of Dominus Litis in the Process of Solving Criminal Cases of Persecution Through Restorative Justice

Abstract

Criminal assault poses a significant threat with grave consequences for victims, often overshadowed by the punitive focus of the traditional criminal justice system. This normative legal study addresses two critical issues: the application of the dominus litis principle in resolving criminal assault through restorative justice and the pertinent policies. While the dominus litis principle persists in restorative justice for criminal assault, the public prosecutor is urged to consider it as an alternative. Articles 138 and 139 of the Criminal Procedure Code govern prosecution discontinuation, considering reconciliation or pressing public interests. Indonesian Republic Prosecutor's Regulation No. 15 of 2020 guides prosecution discontinuation with a restorative justice approach. Despite the dominus litis principle, public prosecutor must weigh victim, perpetrator, and public interests in deciding to pursue or discontinue cases. Information on applying restorative justice in adult criminal cases, particularly assault, is limited in Indonesia, highlighting a need for detailed policies. The absence of specific provisions in the Criminal Procedure Code regarding restorative justice calls for updates to establish a clearer legal foundation. Harmonizing legislative policies and field implementation is imperative for effective resolution, aligning with restorative justice principles and ensuring a balanced approach to fair punishment and restoration for victims and perpetrators.