Professional Documents
Culture Documents
Restorative Justice As Prosecution Legal Breakthrough: Sentenced
Restorative Justice As Prosecution Legal Breakthrough: Sentenced
In 3 cases ive mentioned before, the community says that it is not fair for them to get sentences.
When the only stole a pair of sandals,
When the only stole 3 cacao fruits,
And when only stole a watermelon,
So,
Is there any alternative handling of criminal cases where the parties could sit and discuss together
to find a wayout instead of the court?
It would
be In 1960s, Albert Eglash is generally credited the first adopting the term of Restorative Justice.
better to
use an
Restorative justice focuses on the direct participation of the prepetrators, the victims, and the
opening society and even involve the police and the prosecutorial institutions in the process of settlement
word of criminal cases. Based on Indonesia Criminal Prosedural Code, The Attorney General of Republic
like " of Indonesia or Kejaksaan Agung Republik Indonesia, is the only institutions which granted the
Ladies
and
authority to conduct the prosecution and excecution of criminal cases in Indonesia. Therefore,
Gentlem this authority is rather known as Dominus Litis
an" has made a legal breakthrough by establishing
Due to defficiences of criminal justice system in Indonesia, The Attorney General ST Burhanuddin,
in 22nd July 2020, has made a legal breakthrough by establish an Attorney General Office’s
Regulation No. 15 of 2020 concerning The Termination of Prosecution based of Restorative
Justice. The aim of the establishment of the regulation is to provide an oppoturnity for the
suspect to take responsibility for his criminal action by restoring the victim’s damages back to the
condition before the criminal action was committed by the suspect. Stating on Article 5 verse 1
of the regulation, there are a few requirements to terminate the prosecution based of restorative
justice. Which are :
1. The suspect committed a criminal action for the first time
2. The criminal action is punishable by a penalty or improsenment for less than 5 years
3. The value of the lossess due to criminal action is less than 2 million 5 hundred thousand rupiahs
enactment
Since the enacment of the regulation, there have been more than 100 minor criminal cases in
Indonesia which have been resolved restoratively. It such a decent progress not only for the
parties but also for Indonesia legal system at its core
So there will be no more AAL,
There will be no more mbok Minah
There will be no more bashar and khalil
Last but not least, I want to cite the attorney general ST Burhanuddin quotes regarding
Restorative Justice. He said, “Conscience cannot be found in a book. It only can be found in your
heart.”
Ewako!!!