ANALISIS YURIDIS PENGHENTIAN PENUNTUTAN TERHADAP PELAKU TINDAK PIDANA PENCURIAN BERDASARKAN KEADILAN RESTORATIVE JUSTICE

This thesis examines the termination of prosecution by public prosecutors against perpetrators of theft based on restorative justice. This study employs an empirical juridical research method by describing the practice of terminating prosecution through restorative justice for perpetrators of theft at the Magetan District Attorney's Office in 2024. The results of this thesis conclude that: (1) Theft committed by a first-time offender, carrying a maximum imprisonment of no more than five years, and resulting in relatively minor losses may, in principle, be resolved through a restorative justice mechanism, as stipulated in Article 5 paragraph (1) of the Regulation of the Prosecutor General of the Republic of Indonesia No. 15 of 2020 and Article 80 paragraph (1) of Law No. 20 of 2025 concerning the Criminal Procedure Code. (2) The termination of prosecution based on restorative justice in two theft cases successfully resolved through reconciliation and handled by the Magetan District Attorney's Office in 2024 was in accordance with Regulation of the Prosecutor General of the Republic of Indonesia No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Once the perpetrator fulfills the applicable requirements, the public prosecutor directs the case toward a reconciliation process. The public prosecutor facilitates mediation between the perpetrator and the victim to reach an agreement. If an agreement is reached, the Head of the District Attorney's Office issues a Decree on the Termination of Prosecution (SKP2) based on restorative justice. It is expected that public prosecutors, as facilitators, as well as police officers who frequently participate in restorative justice processes in practice, will continue to uphold ethical values, morality, and professionalism as law enforcement officers when dealing with and interacting with the parties involved