Restorative Justice In The 404 Shirt Case: Not Found: "Pretext Of Justification" For Apparatus Action?

Critical murals (Various sources)

JAKARTA - The Head of Analysis for CCIC Polri Mochammad Yunnus Saputra claimed that the police prioritized a restorative justice approach in handling the case of the 'Jokowi 404 not found' T-shirt. That's why the police didn't investigate the case. Apart from that, in fact, from the start, the police were deemed unnecessary to take action on the case. Or maybe RJ is just a "pretext of justification" for the actions of the authorities?

Today, the National Police Headquarters has confirmed that it will not continue the '404: Not Found' mural which is attached to a wall painting that looks like the face of President Joko Widodo (Jokowi). The Head of the Public Relations Division (Kadiv) of the National Police Headquarters Inspector General Argo Yuwono reiterated the instructions of the National Police Headquarters so that the police in all regions should not be reactive, and respond excessively to all forms of conveying aspirations, and public criticism of the government and the police.

“Yesterday, the one in Tengerang (the '404: Not Found' mural case) for the time being the police did not process it. It was not processed," said Argo in a question and answer session during a press conference, at the National Police Headquarters, Jakarta, Friday (20/8).

Argo said, the Police appreciate all forms of expression of citizens in the delivery of protests, as well as criticism. Therefore, it does not need to lead to prosecution.

"Of course, from the police, in accordance with what Kabareskrim conveyed so as not to be repressive. We (Polri), respect people's forms of expression, and the freedom of society, in giving their souls that are poured out, in that form (murals),” explained Argo.

Previously, the Batuceper Police, Tangerang, had examined two witnesses regarding the mural '404:not found' which was displayed in the city of Tangerang. The mural was then deleted. The police also had time to hunt down the critical mural artist before finally deciding to release the case.

A mural that looks like President Jokowi in Tangerang (Source: Special)

Meanwhile, the case against a man with the initials RS (29) who offered a t-shirt with the image of 'Jokowi 404: Not Found' on social media was arrested by the police on August 18. After being arrested and interrogated, he was finally released after making a videotape containing an apology.

Misperception

The Chief Analyst of CCIC Polri, Mochammad Yunnus Saputra, claimed that in the case of the 'Jokowi 404 not found' mural shirt, the Police applied restorative justice. "We apply restorative justice (RJ). There are no arrests, no detentions, etc.," he wrote via the Twitter account @M1_nusaputra.

What is restorative justice? As stated on the badilum.mahkamahagung.go.id page, restorative justice (RJ) is the settlement of criminal cases involving the perpetrator, victim, family of the perpetrator/victim and other parties related to the case. Instead of solving the problem by giving a reply, the RJ mechanism aims to find a fair solution by emphasizing the restoration of the original state.

The police are investigating and are looking for a mural maker similar to President Jokowi in Tangerang. (Photo: PMJ)

Saputra explained that using another example of RJ, it is impossible for the police to remain silent if there is persecution taking place in front of their eyes. "We will stop it to prevent further injury. However, if it turns out that the case was resolved between the two parties, why should the police continue the investigation?"

This statement was then questioned by the Executive Director of the Institute of Criminal Justice Reform (ICJR) Erasmus Napitupulu. "Don't let us all be summoned to the police station, the reason is RJ. This is dangerous, the general public being called to the police station is a form of fear in itself," Erasmus said via his Twitter account @erasmus70.

Don't let us all be summoned to the police station, because RJ is dangerous, the general public being called to the police station is a form of fear in itself.

— Erasmus Napitupulu (@erasmus70) August 20, 2021

Meanwhile, ICJR researcher Iftitahsari assessed that from the start RJ's approach to the mural t-shirt case could not be applied. There is a misperception here. "Because in principle, RJ is for solving criminal cases, while for the mural shirt case there is no legal process for criminal acts," Iftitahsari told VOI.

Even if there is a legal process, said Iftitahsari, there must be a report to the police first, for example in the case of this mural, President Jokowi as the party who feels insulted or the victim. "So in the first place RJ really can't be applied in this case."

As a mere pretext?

ICJR researcher Iftitahsari explained that the essence of restorative justice (RJ) is for the recovery of victims as well as paying attention to the interests of the suspect. Then if there are no victims who report in the context of the 'Jokowi 404 not found' mural t-shirt case, then what do you want to do with RJ?

Iftitahsari emphasized that there should be no misunderstanding and misunderstanding about RJ's implementation. "In the end, it seems that (RJ) is being used as a 'pretext of justification' for the authorities to take action."

Indeed, as explained by the Executive Director of the Indonesia Judicial Research Society (IJRS), Dio Ashar, RJ is a good principle. Because RJ changed the paradigm that criminal law is not only about punishing perpetrators, but how there are efforts to reconcile and restore perpetrators, victims, and the community as a result of a crime.

But unfortunately, the implementation of the RJ principle is often not in line with the theory. "Because RJ is interpreted only as a peace mechanism outside the judicial process. That's called mediation, not RJ," Dio wrote.

*Read other information about LEGAL CASES or other interesting articles from Ramdan Febrian Arifin.

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