AUTHORITY TO TERMINATE PROSECUTION BY THE Prosecutor's Office IN A CRIMINAL CASE OF FERTILIZER THEFT AT PT. TOLAN THREE INDONESIA (CASE STUDY OF LABUHANBATU SELATAN STATE PROSECUTION)

Abstract

The purpose of this research is to examine the authority of the Prosecutor's Office in terminating prosecution in cases of criminal acts of theft and to determine and analyze the application of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice in cases of criminal acts of fertilizer theft at PT. Tolan Tiga Indonesia at the South Labuhanbatu District Prosecutor's Office. This research uses normative legal research. By conducting normative case studies in the form of legal behavioral products, for example reviewing laws. The approach method in this research is the statutory regulation approach. The prosecutor's office is a state institution that exercises state power, especially in the field of prosecution. As the body with authority to enforce law and justice, the Prosecutor's Office is led by the Attorney General who is appointed by and responsible to the President. The Attorney General's Office, High Prosecutor's Office and District Prosecutor's Office are state powers, especially in the field of prosecution, where everything is a unified whole that cannot be separated. In the case of criminal acts of theft, their occurrence can essentially be overcome or at least minimized by improving the environmental security system and the awareness of every individual in society to be more vigilant in protecting their property, as well as by implementing sanctions against perpetrators of theft as contained in the Book. both Criminal Codes (KUHP). However, in line with the development of life and the values ​​of the legal basis for this Regulation, it is based on consideration of the resolution of criminal cases which prioritizes restorative justice which emphasizes restoration to its original state and a balance of protection and interests of victims and perpetrators of criminal acts that is not oriented towards retribution, which is a legal necessity. society and a mechanism that must be built in the exercise of prosecutorial authority and reform of the criminal justice system to not only seek legal certainty but more broadly the meaning and function of the law, namely to provide benefits to the wider community and provide a sense of justice