Judge: Prosecutor's Authority Did Not Perform Restorative Justice In The Napoleonic Case

Inspector General Napoleon Bonaparte discussed with his legal counsel during his inaugural trial. BETWEEN PHOTOS/Indrianto Eko Suwarso/rwa.

JAKARTA - Chairman of the Panel of Judges of the South Jakarta District Court (PN) Djuyamto stated that efforts to restorative justice or not in the case of Inspector General Napoleon Bonaparte are the authority of the Prosecutor.

“The Panel of Judges considers that the preparation of the indictment is the authority of the public prosecutor. If it is related to restorative justice efforts, there is already a provision from the Indonesian Attorney General's Office regarding general conditions, in particular," said Chairman of the Panel of Judges of the South Jakarta District Court, Djuyamto when reading the interlocutory decision in the Main Room of the South Jakarta District Court, reported by Antara, Thursday, May 12. .

Article 5 paragraph (1) letter a of the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice states that criminal cases can be closed for the sake of law and terminated prosecution based on restorative justice if the conditions are met, namely that the suspect has committed a crime for the first time. .

"Considering this, in the a quo case, the defendant Napoleon Bonaparte was sentenced to a criminal act as stated in the decision which has permanent legal force," said Djuyamto.

Before being involved in the beating against Muhamad Kosman alias M. Kace alias M. Kece, Inspector General Napoleon Bonaparte was sentenced to 4 years in prison and fined Rp. 100 million, subsidiary to 6 months in prison for being proven to have accepted bribes from Djoko Tjandra.

Because of not meeting these requirements, the prosecutor has the authority not to dismiss cases based on restorative justice efforts. On the other hand, the Panel of Judges is also of the opinion that regarding the provisions on limitations or scope or exceptions to the indictment, the issue of not applying restorative justice is not within the scope of scope of objection or exception.

In response to this, Napoleon still believes that there is a possibility that this case can be resolved by restorative justice.

“As the judge said earlier, restorative justice can be carried out at the level of investigation by investigators, decided by prosecutors in prosecution, and by judges in trial. Let's just wait. Not yet with the prosecutor, maybe who knows in the future trial process, it could be considered by the judge to do it, "said Napoleon.