Formal and material criteria must be fulfilled before the restorative justice approach can be appliedJakarta (ANTARA) - The National Police’s Criminal Investigation Department (Bareskrim) stated that restorative justice could not be employed to all crimes, as the approach will be eligible only for criminal cases included in the police's criteria.
"Formal and material criteria must be fulfilled before the restorative justice approach can be applied," Police's Bareskrim's General Criminal Policy Analyst Senior Commissioner Pitra A. Ratulangi stated at a discussion titled "Contextualisation of the implementation of restorative justice" here on Wednesday.
The police will refer to Police's Regulation No. 8 of 2021 on Restorative Justice-based Criminal Cases Handling to decide whether a case can be addressed by the approach, he stated.
Ratulangi remarked that the application of restorative justice must not be opposed by residents and must not cause social conflict and division in society.
Restorative justice could also not be employed for major crimes, such as radicalism and separatism cases, he noted.
Related news: Indonesian Police continually improving to realize modern institution
"Terrorism, corruption, and criminal acts that endanger national security must not be handled through the restorative justice approach," he affirmed.
The police officer explained that for handling drug-related crimes, the police will only apply a restorative justice approach for victims of drug abuse, who in return, must consent to cooperate with the police in exposing drug distribution networks.
The restorative justice approach could not be applied if the suspect of a drug-related crime is revealed to be a drug dealer, he remarked.
Earlier, Deputy Minister for Law and Human Rights, Edward Omar Sharif Hiariej, remarked that sexual violence cases should also not be addressed through the restorative justice approach.
Related news: Police officers must work prudently to avoid public mistrust: Jokowi
"(Sexual violence cases) must not be addressed through the restorative justice approach," he stressed on Tuesday (Feb 22).
The Sexual Violence Prevention Law will provide a legal basis to prevent the restorative justice approach from being employed to handle sexual violence cases, he stated.
The restriction regarding restorative justice aims to prevent sexual violence cases from being dismissed after a suspect offers a financial settlement to the victim in lieu of withdrawing legal action, he explained.
Related news: Public polarization should no longer occur in 2024 Elections: Prabowo
Related news: President awards three police officers on 76th Bhayangkara Anniversary
Translator: M Zulfikar, Nabil Ihsan
Editor: Fardah Assegaf
Copyright © ANTARA 2022
