Diskresi Jaksa dalam Penghentian Penuntutan Berbasis Keadilan Restoratif Analisis Mixed Methods pada Kasus Aktual

Abstract

This study aims to analyze prosecutorial discretion in the termination of prosecution based on restorative justice through an empirical approach integrating quantitative and qualitative methods. The study is motivated by the limitations of prior research, which has predominantly focused on normative perspectives and has not comprehensively explored how prosecutorial discretion operates in practice. A mixed methods design was employed, involving the analysis of 120 case records of prosecution termination and in-depth interviews with prosecutors as key informants. The findings reveal that discretionary decisions are predominantly applied to minor criminal offenses, with victim–offender reconciliation emerging as the most significant determinant, followed by victim consent and the level of material loss. Furthermore, prosecutorial discretion is shaped by the interaction of legal, social, and institutional factors, which collectively influence context-based decision-making. These results demonstrate that prosecutorial discretion functions as an adaptive mechanism that integrates legal certainty with substantive justice, reflecting a paradigm shift from retributive to restorative approaches within the criminal justice system. The primary contribution of this study lies in the development of an empirical model of prosecutorial discretion based on three key dimensions, as well as in providing empirical evidence that advances legal scholarship beyond its traditional normative orientation. The findings also offer policy implications, highlighting the need for stronger regulatory frameworks, enhanced prosecutorial capacity in penal mediation, and robust accountability mechanisms to ensure consistent application of discretion.