A Normative Analysis of The Asahan District's Legal Discovery in Terminating Prosecution Based on Restorative Justice in Cases of Theft and Grabbing

Abstract

Background: The application of restorative justice in the criminal justice system demonstrates a paradigm shift in law enforcement from a repressive approach to one oriented toward restoration and justice. In this paper, the Asahan District Attorney's Office has a role through its authority to terminate prosecutions based on restorative justice, particularly in cases of theft and receiving stolen goods. However, the practice of terminating prosecutions does not always have detailed normative regulations in legislation, thus requiring legal discovery by prosecutors.

Objectives: This study aims to normatively analyze the concept of legal discovery carried out by the District Attorney's Office in terminating prosecutions based on restorative justice, particularly in cases of theft and receiving stolen goods.

Methods: The research method used is normative legal research with a statutory, conceptual, and case-based approach. The legal materials analyzed include legislation, legal doctrine, and cases.

Results: The research findings indicate that legal discovery by prosecutors is a form of legal interpretation and construction aimed at bridging the principle of legality with the demands of justice that exist in society. Termination of prosecution based on restorative justice in cases of theft and receiving stolen goods can be normatively justified as long as it is carried out selectively, proportionally, and transparently.

Conclusions: This study concludes that legal discovery by the District Attorney's Office plays a role in strengthening restorative justice, but still requires regulations to ensure legal certainty and uniform application in law enforcement practice.