Assalamualaikum Warahmatullahi Wabarakatuh, Shalom, Om Swastiastu, Namo

Budhaya, Greetings of Virtue.

The honorable judges, fellow delegates, ladies and gentlemen, my name is Rotua Nauli
Panjaitan, the representative of Class two.
Today I’d like to deliver my speech about the correlation between Public Prosecution
Service as Dominus Litis with prosecution termination based on restorative justice.
We understand that several cases in Indonesia fractured criminal justice system. The
popular case is Minah that has stolen three cocoas and had been sentenced for one
month, and other cases that creates similar thoughts with Minah’s case as well.
Public Prosecution Service of the Republic of Indonesia has a role and authority in
prosecution and other roles according to the prevailing Law. Furthermore, this role
creates the "Dominus Litis" principle. Afterward, the question is what “dominus litis”
principle itself?
Black's Law Dictionary stated that Dominus Litis means "The party who makes the
decisions in a lawsuit, usually as distinguished from the attorney". It means that there is
no other institution that is entitled to do the prosecution other than the Public Prosecutors.
In Extremely long period of time Indonesia has adopted
Indonesia in extremely long period of time has adopted colonial system that oriented to
retributive sentencing. So therefore, Attorney General has introduced legal concept based
therefore
on conscience to create the essential of legal justice that involves beneficial and certainty
that simultaneously require conscience. This is the idea of the existing of the prosecution
system based on restorative justice.
In line with such matter, restorative justice exists as the form of a neo-classic law system
since nowadays the Indonesia criminal system has been shifting from the classic law
system into a neo-classic law system. In restorative Justice matter, the neo-classic
system requires the humanity spirit based on the doctrine of free will. Hereafter, this neo-
classic system is also stated in the Draft of Criminal Code and Procedure whereas one
of the principal ideas of the sentencing system is prioritizing justice compared to the
legitimacy law.
 Restorative justice is the case resolution that involves the perpetrator, victim,
perpetrator/victim’s family, and any related party to finds the justice resolution by
emphasizing the restoration to the initial condition and not to the revenge action. The
authority of prosecution termination based on restorative justice is stated in Attorney
General Regulation Number 15 of 2020.
It The authority of the Public Prosecutor in terminating the prosecution pursuant to
would
be Restorative Justice is a kind of function manifestation of the Dominus Litis of Public
better
to use Prosecutors whereas this institution has the full power to the prosecution which deciding
an
opening through the considerations of the legal purpose of the justice that there is not exist in laws
word and regulations but in the conscience of the Prosecutors and being the reflection of the
like "
Ladies Public Prosecution Service in the future.
and
Gentle In the presence of this prosecution termination system, Public Prosecution Service is
man"
expected to not only regarding on the existing laws but also emphasizing the values of
justice in society. Henceforth, as the future prosecutors, we determine ourselves, whether
we enforce justice with just legal certainty or include the conscience that adapted in
restorative justice.
To close this speech, let me refer to the law adage John Locke, "The wisdom of a law-
maker consisteth not only in a platform of justice, but in the application thereof; taking into
consideration by what means laws may be made certain.” Thank you. Wassalamualaikum
Warahmatullahi Wabarakatuh, Om Shanti Shanti Shanti Om, Namo Buddhaya.

Note : the content of the speech is quite good,

the choice of discussion, theory and includes a
comparison case. however, the theory that is
explained is too much so that it covers the
opinion to be conveyed. The theory should only
support the opinion given, not the other way
around.