Mahfud explained that an action taken by an individual to derive gains or benefit from a legal process fell under the scope of the law industry.
Although this generally did not happen, it occurred quite frequently to the extent that it had become an issue, he noted during an online discussion on restorative justice on Thursday.
The implementation of restorative justice is a shift from the formal legal paradigm in Indonesia that was initially retributive, punishing criminals through penalty, to a more humane system, he stated.
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Hence, it is important to protect this implementation from abuse by certain authorities, he affirmed.
Mahfud opined that restorative justice plays an important role in enforcing justice, as it is built on humane relations between perpetrators and victims based on three aspects: the perpetrators, the victims, and the people surrounding them.
Indonesia's legal paradigm shift, from retributive justice to restorative justice, is realized through several regulations, he affirmed.
Among these regulations are National Police Regulation No. 8 of 2021 on Criminal Act Handling Based on Restorative Justice and Indonesian Attorney Regulation No. 15 of 2020 on Prosecution Discontinuation Based on Restorative Justice.
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There are also the National Police's Criminal Investigation Department Chief Telegram Letter No. STR/583/VIII/2012 on Restorative Justice Application and Supreme Court General Court Director General Decision Letter on Enforcement of Restorative Justice Implementation Guide.
To this end, Mahfud urged law enforcers to always bear in mind that the implementation of restorative justice aims to streamline the law enforcement process in Indonesia and to maintain that goal.
He also noted that synergy between three law enforcement authorities -- the police, the attorney, and the court -- plays an important role in implementing restorative justice in Indonesia.
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Translator: Tri M Ameliya, Fadhli Ruhman
Editor: Fardah Assegaf
Copyright © ANTARA 2021
