Jakarta, hitclubapk3 Indonesia
—
Deputy Minister of Law Edward Omar Sharif Hiariej alias Eddy Hiariej
says implementation
restorative justice
(RJ) or restorative justice can be applied at the level of inquiry, investigation, prosecution, up to serving a prison sentence.
Eddy gave an example of restorative justice at the investigation stage.According to him, this application can be carried out if the victim is willing to forgive as long as they compensate for the loss or admit the mistake they made.
Eddy illustrated a fraud case of IDR 1 billion.The victim then reported it to the police.According to Eddy, RJ can be applied during an investigation, as long as the victim is willing to forgive and receive a refund.
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“The important thing is, you return IDR 1 billion. I return IDR 1 billion. That’s restorative, isn’t it? Restorative. Where? Under investigation,” said Eddy in the Iwakum law lecture ‘Completely Examine the National Criminal Code and Criminal Procedure Code’ in Jakarta, Tuesday (23/12).
“The important thing is, once he is restorative, he must notify investigators and it is registered. For what reason? The conditions for restorative are clear. The first is formal approval,” he added.
Eddy explained
restorative justice
also only applies to those who commit a crime for the first time.Apart from that, the criminal threat cannot exceed 5 years in prison.
According to him, if these conditions are met then implementation
restorative justice
not only at the investigation stage, but also during investigations, prosecutions, even after a panel of judges has sentenced the defendant to prison.
“It’s also permissible to investigate. It’s permissible to prosecute, it’s permissible at trial. It’s even permissible to go to a correctional institution,” he said.
“Well, that can be part of the restorative. So then, what about the restorative? Give it a revision. So let alone an investigation, it can also be implemented,” added Eddy.
Previously, the KUHAP only regulated the mechanism for implementing restorative justice (JC).The RJ mechanism can be used for criminal acts that are punishable by a maximum fine of category III or imprisonment for a maximum of 5 years.
A criminal act that is committed for the first time and/or is not a repeat criminal act, except for criminal acts where the decision is in the form of a fine or a criminal offense committed due to negligence.
In the Criminal Procedure Code, RJ applications can be done in 2 ways.First, the application submitted by the perpetrator of the crime, the suspect, the defendant, or his family, and/or the victim of the crime or his family.
Second, offers from investigators, investigators, public prosecutors, or to victims and suspects.
The RJ mechanism is excluded for 9 types of criminal acts.First, criminal acts against the security of the state, friendly countries, heads of friendly states and their representatives, public order crimes, and crimes of decency.
Second, terrorism.Third, corruption.Fourth, sexual violence.Fifth, the crime is punishable by imprisonment for 5 years or more, unless it is due to negligence.
Sixth, criminal acts against people’s lives.Seventh, criminal acts that are punishable by special minimum penalties.
Eighth, certain criminal acts that are very dangerous or detrimental to society.Ninth, narcotics crimes except those with status as users or abusers.
The DPR has officially passed the Criminal Procedure Code into law even though it received criticism from the civil coalition, one of which was because it did not involve public participation.
Chairman of Commission III DPR RI Habiburokhman claimed that the discussion of the RKUHAP fulfilled the principle of meaningful participation involving many community organizations.
This new KUHAPÂ will come into effect alongside the previously revised Criminal Code, in January 2026.
(fra)
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