RESTORATIVE JUSTICE HOUSE AS A VEHICLE OF NATIONAL CULTURE ACTUALIZATION IN CRIMINAL CASES SETTLEMENT

Abstract

The Restorative Justice House which is a follow-up to the Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, where the establishment of this house aims to become a meeting place for victims, perpetrators in resolving criminal cases which also involve traditional leaders, the community and religion in exploring local wisdom values in order to complement the application of positive law in the implementation of termination of prosecution based on Perja Number 15 of 2020. This research is a socio legal research which has descriptive and analytical research characteristics. The urgency of establishing Rumah RJ is to explore local wisdom values contained in the community. Restorative justice is in harmony with the legal values that live in Indonesian society (living law) which is essentially based on the three main goals of life, namely the creation of peace in society, the realization of harmony in life and the maintenance of cosmic balance between people's lives and is an effort to preserve the legal culture of the Indonesian people. which prioritizes deliberation and consensus and the implementation of local wisdom values in resolving cases at Rumah RJ is currently only based on the settlement method, namely by using deliberation to reach consensus, but in this study the prosecution in Toba Samosir and Kajang has accommodated the values and local customary law, so that in this case the law and local wisdom values can be used as a complement in the implementation of positive law enforcement.