UDTR Global Rights of Nature Radar

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

Identification

Public canonical key

radar:r-2d77bdebc6c6e9e98609faafa927cb6d

Authors

Faridatus Sakdiyah · Rahmat Juni Andi

Reported year

2026

Reported language

en

Source type

article

First detected

2026-11-14T02:43:08.113303+00:00

Last metadata observation

2026-11-14T02:43:08.113303+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Universitas Islam Nahdlatul Ulama Jepara

Reported affiliation countries

ID

Documentary abstract — original language

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.

Identifiers

OPENALEX

https://openalex.org/W7220656025

DOI

10.51903/84hqqj48

Documentary context

Documentary family

article

Source-reported types

article

Publishers

Universitas Sains dan Teknologi Komputer

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1

• Document · https://journal.stekom.ac.id/index.php/Jaksa/article/view/3627

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.