The Implementation of Restorative Justice in the Discontinuation of Prosecution in General Criminal Cases: An Empirical Legal Study on Effectiveness and Challenges in The Prosecutor’s Office

The application of restorative justice in the discontinuation of criminal prosecutions is one of the criminal justice system reform policies aimed at achieving a more just, humane, and restoration-oriented resolution of cases. However, the implementation of this policy still faces various obstacles that could potentially affect its effectiveness. This study aims to analyze the implementation of restorative justice in the discontinuation of prosecutions for general criminal cases at the District Attorney’s Office, assess the effectiveness of its application, and identify the obstacles encountered in its implementation. The study employs an empirical legal method with a descriptive-analytical approach. Primary data were obtained through interviews with prosecutors and relevant parties, while secondary data were obtained from laws and regulations, case documents, books, and scientific journals. The data were analyzed qualitatively using George C. Edward III’s Policy Implementation Theory and Soerjono Soekanto’s Theory of Legal Effectiveness as analytical frameworks. The results of the study indicate that the implementation of restorative justice in the discontinuation of prosecution is, in principle, consistent with Law No. 11 of 2021 on the Attorney General’s Office of the Republic of Indonesia and Regulation of the Attorney General’s Office of the Republic of Indonesia No. 15 of 2020 on the Discontinuation of Prosecution Based on Restorative Justice. The effectiveness of its implementation is considered fairly effective, but not yet optimal, as it is still influenced by the quality of policy communication, the competence of law enforcement officials, the availability of supporting resources, and the public’s level of legal awareness. Implementation challenges include differing interpretations of the criteria for applying restorative justice, limited capacity of prosecutors to act as mediators, suboptimal coordination among law enforcement agencies, and low public understanding of case resolution through a restorative approach. Therefore, it is necessary to strengthen regulations, enhance human resource capacity, harmonize policies across institutions, and conduct ongoing public outreach to improve the effectiveness of restorative justice implementation within Indonesia’s criminal prosecution system