3 Prisoners In Samarina Threatened With 2 Years Of Free Prison After Restorative Justice Process

Kajari Samarinda removed the prison vest and wore ordinary clothes to the suspect who was processed by RJ on Monday (17/4/2023). ANTARA/M Ghofar.

A total of three detainees in Samarinda City were declared free after the case was processed by restorative justice (RJ) or restorative justice.

The prisoner's certainty was marked by the release of an orange prison vest replaced with ordinary clothes.

"We are also happy that the victim has forgiven, then the suspects realized their mistakes, apologized, and promised not to repeat their mistakes," said Head of the Samarinda District Attorney's Office (Kajari) Firmansyah Subhan, Monday, April 17, as quoted by Antara.

RJ was carried out after Kajari Samarinda issued a Decree on Termination of Prosecution (SKP2) against three suspects, namely Dwi Saputra, Sapta Harianto, and Jamino Noto on Monday 17 April.

Furthermore, Kajari handed over SKP2 to the suspects, witnessed by the Head of the General Crimes Section, the Head of the Intelligence Section, the Public Prosecutor, the victim's family, the suspect's family, and community leaders.

The RJ issued was based on a criminal case of persecution as regulated in Article 351 paragraph (1) in conjunction with Article 55 of the Criminal Code, involving three perpetrators with victim M Ali Syihab.

As for the chronology of the incident, on Thursday, February 2, 2023, M Ali Syihab met with the victim witness Husaini Wijaya at around 21.00 WITA on Jalan Cipto Mangunkusumo Gang 2, Loa Janan Ilir District, Samarinda.

At that time Ali Syihab wanted to see the motorbike being sold because previously Husaini was given Ali Syihab's phone number by an unknown person through social media named Rajidi.

At that time Rajidi said that there were friends who would sell the motorbike, then Ali Syihab showed his motorbike to witness victim Husaini, to check his condition.

When Husaini checked the motorbike, then an argument broke out between the two, namely when Husaini showed evidence of a transfer of motorcycle payments of Rp. 2.1 million to an account previously obtained from Rajidi.

Meanwhile, Ali Syihab said that he did not have an account number, so Husaini felt cheated, then tried to take Ali Syihab's motorbike and cellphone keys, so Ali Syihab felt cheated.

At that time Siti saw the commotion, immediately called the suspect Jamino Noto to help mediate the commotion, but Husaini felt that Jamino was working with Ali Syihab to cheat.

Then Jamino called the head of the RT Sabarianto so that he could mediate, but then the suspect Sapta Harianto and the suspect Dwi Saputra and several other residents came to ask about the problems that occurred, but the victim ignored and always played with his cellphone.

This irritated Sapta and immediately slapped the victim's cheek, followed by the suspect Jamino who hit the victim's head, then Dwi Saputra hit the victim with his bare hands on the victim's face, so this was reported to the police.

The three suspects are threatened with imprisonment for a maximum of 2 years and 8 months or a maximum fine of four thousand five hundred rupiah.

"On this basis, the Public Prosecutor of the Samarinda District Attorney's Office considers that suspects and victims take case settlements outside the court based on restorative justice," said Firmansy.