ANALISIS YURIDIS SOSIOLOGIS TERHADAP PENOLAKAN RESTORATIVE JUSTICE PADA TINDAK PIDANA PENCURIAN DI TINGKAT KEJAKSAAN NEGERI BATU (STUDI KASUS PERKARA NOMOR 399/PID.B/2025/PN.MLG)

This study examines the rejection of the application of Restorative Justice in the case of theft at the Batu State Prosecutor's office with the object of study in the form of a case of theft committed by cafe employees against a musician, which is not only in the form of taking the victim's belongings, but also accompanied by misuse of personal data, withdrawal of funds through ATM cards, and the sale of proceeds of crime. This study aims to analyze the legal considerations of the public prosecutor in rejecting the application of Restorative Justice and assess the juridical implications of the rejection of the principle of justice, legal certainty, and expediency. The research method used is sociological juridical approach to the case, supported by primary data through interviews and observations, as well as secondary data in the form of legislation and Case Files. The results showed that although administratively the case met the initial criteria to be pursued through Restorative Justice, prosecutors rejected its application because the perpetrator's actions were considered to have a high level of guilt, were carried out continuously, abused trust, and caused extensive social and psychological impacts on the victim. The refusal has implications for the continuation of the prosecution process in court as a form of law enforcement that emphasizes proportionate criminal liability. The conclusion of this study confirms that Restorative Justice is a selective policy that is within the discretion of the prosecutor as dominus litis and is not an absolute right for the perpetrator. This study suggests the need to strengthen the parameters of assessment of the degree of fault so that the application of Restorative Justice can be done consistently and transparently.