Karakteristik Perkara yang Memperoleh Restorative Justice pada Tahap Penuntutan: Pendekatan Fuzzy Set QCA

Abstract

This study examines the configurations of case characteristics that lead to the termination of prosecution through  Restorative Justice (RJ)  at the prosecution stage in Indonesia. While previous studies have predominantly employed linear statistical approaches to explain prosecutorial decision-making, they have paid limited attention to the configurational interactions among legal and contextual conditions. To address this gap, this research applies  Fuzzy-set Qualitative Comparative Analysis (fsQCA)  to identify multiple causal pathways associated with restorative justice outcomes. The analysis is based on prosecution case records that fulfilled the legal requirements for restorative justice and were calibrated into fuzzy-set membership scores using direct calibration procedures. Necessity and sufficiency analyses were subsequently conducted to identify consistent configurations of conditions leading to prosecution termination. The findings demonstrate that no single condition is sufficient to explain restorative justice decisions. Instead, successful prosecution termination emerges from distinct combinations of factors, particularly involving the severity of the offense, restitution of losses, reconciliation between the offender and the victim, the absence of recidivism, and consideration of the public interest. These results confirm the principles of  causal complexity ,  conjunctural causation , and  equifinality  underlying prosecutorial discretion in restorative justice implementation. The study contributes to the literature by providing a configurational explanation of prosecution decision-making and offers empirical evidence to support more transparent, consistent, and evidence-based restorative justice policies within the Indonesian prosecution service.