RESTORATIV JUSTICE

Summary

The transcript provides an in-depth explanation of how Restorative Justice (RJ) is applied in Indonesia's legal system. It covers the concept of RJ, where disputes like assault and theft are resolved through reconciliation between the victim and perpetrator, often involving mediation by community leaders. The process emphasizes compensation and apology, avoiding formal court trials. The speaker also discusses the legal framework, including the Perkap No. 8 of 2021, and outlines the procedures for implementing RJ. While effective in many cases, RJ cannot be used for serious crimes like homicide, terrorism, or drug trafficking.

Takeaways

• 😀 Restorative justice is a process of resolving disputes and criminal offenses through reconciliation and repair, rather than punishment. It focuses on restoring the relationship between the victim and the perpetrator.
• 😀 In the example, Mahardika assaulted Alfan, leading to an investigation where evidence and witness testimonies were collected. Alfan's injuries were confirmed through a medical examination (visum et repertum).
• 😀 The process of restorative justice starts with investigating the crime, gathering evidence, and examining the perpetrator and victim, which includes physical evidence like weapons and medical reports.
• 😀 Restorative justice can be applied in various criminal cases, including assault, domestic violence, theft, and defamation, but it excludes serious crimes like homicide, terrorism, and large-scale drug trafficking.
• 😀 Mediation is a key component of restorative justice, where both the victim and the perpetrator agree to settle the dispute amicably, with the perpetrator potentially compensating the victim for any harm or losses incurred.
• 😀 Successful implementation of restorative justice relies on the willingness of both parties (victim and perpetrator) to engage in the process and reach a mutual agreement, including compensation or remedying the victim’s losses.
• 😀 Restorative justice is grounded in the Indonesian Police Regulation (Perkap) No. 8/2021, which outlines the legal framework for handling criminal cases through restorative means.
• 😀 The practice of restorative justice requires the involvement of multiple stakeholders, including the victim, the perpetrator, their families, local community leaders, and the police.
• 😀 If both parties agree on a resolution, the case may be closed with a 'SP3' letter, indicating the cessation of the investigation without going to court, marking the success of the restorative justice process.
• 😀 The law offers special protections for minors in cases of sexual violence and other serious crimes, requiring careful consideration of age and legal responsibility when applying restorative justice.

Q & A

What is Restorative Justice and how was it applied in the case between Alfan and Mahardika?

Restorative Justice is a process that focuses on repairing harm caused by criminal actions through reconciliation and compensation rather than punishment. In the case of Alfan and Mahardika, it involved the families of both parties coming together to mediate the situation. Mahardika’s family agreed to cover Alfan’s medical expenses, and both sides agreed to resolve the issue peacefully, avoiding formal criminal prosecution.

What steps did the police take after Alfan reported the assault?

After Alfan reported the assault to the local police (Polsek Jenggawa), the police conducted an investigation. This included gathering evidence such as witness testimonies, medical reports (visum et repertum), and physical evidence. The police then arrested Mahardika based on this evidence and began the process of interrogation and detention.

What is the legal basis for implementing Restorative Justice in Indonesia?

The legal basis for implementing Restorative Justice in Indonesia is **Perkap No. 8/2021**, which outlines the procedures for handling criminal cases through restorative justice. This regulation allows for alternative resolutions to criminal cases, especially for minor offenses, with an emphasis on reconciliation and compensation.

What are the requirements for a case to qualify for Restorative Justice?

For a case to qualify for Restorative Justice, both the victim and the perpetrator must agree to resolve the issue amicably. The perpetrator is typically required to compensate the victim for damages, such as medical expenses or material losses. Additionally, community leaders and law enforcement officials are involved to ensure fairness and transparency.

Are there any types of crimes that cannot be resolved through Restorative Justice?

Yes, there are certain crimes that cannot be resolved through Restorative Justice. These include serious offenses such as murder, terrorism, and drug trafficking (especially for distributors). Restorative Justice is typically reserved for less severe crimes where both parties can reach a mutual agreement.

What role do community leaders and local officials play in the Restorative Justice process?

Community leaders, local officials, and the village head play an important role in the Restorative Justice process. They help facilitate the mediation sessions, ensure that both parties have a chance to express their concerns, and oversee the final agreement to ensure it is fair and legitimate.

How was the issue between Alfan and Mahardika resolved after their families intervened?

After the families intervened, they held a mediation session where Mahardika apologized for his actions and both sides agreed to resolve the matter outside of court. Mahardika’s family agreed to pay for Alfan’s medical expenses, and Alfan agreed to settle the issue peacefully, leading to the creation of a formal agreement.

What is the procedure for releasing a suspect under Restorative Justice after an agreement is reached?

Once an agreement is reached between the victim and the perpetrator, the case is presented to the police (Polres). A special restorative justice meeting is held to review the case, and a decision is made to release the suspect from detention, provided they have met the terms of the agreement, such as compensation for the victim.

What types of criminal cases have been successfully handled through Restorative Justice in Jenggawa?

In Jenggawa, several types of criminal cases have been successfully handled through Restorative Justice, including cases of domestic violence (KDRT), assault, theft, and defamation. These cases were resolved without formal prosecution, through mutual agreement and compensation between the parties involved.

What challenges do law enforcement face when implementing Restorative Justice?

One of the main challenges in implementing Restorative Justice is ensuring that both parties are genuinely willing to participate in the process and reach a fair agreement. There can also be difficulties in cases where one party refuses to cooperate or where the damage is too severe to be compensated. However, the process has generally been successful in Jenggawa.