Polri Claims To Have A Monitoring System So Restorative Justice Cannot Be Traded

Photo via Antara

JAKARTA - The National Police Headquarters has a monitoring system for its staff in preventing the practice of buying and selling case settlements through the Restorative Justice Program.

"There are already Dumas and Propam Presisi, the public can immediately complain online and have action taken," said Head of Public Relations Division of the National Police Inspector General Dedi Prasetyo as quoted from ANTARA, Wednesday, January 18.

Dumas or public complaints is a police service owned by the National Police to accommodate public complaints regarding the police.

The National Police launched the Dumas Presisi application in September 2021, with the aim of submitting complaints about violations committed by members of the Indonesian National Police.

This complaint service can be directly accessed by the public 24 hours, anywhere, without the need to come to the nearest police station. The Dumas Presisi application can be downloaded via the Playstore.

Likewise, people who know that police actions have violated the law can report them via the Propam Presisi application.

The birth of these two applications is so that police work can be monitored not only internally, but also externally. In accordance with the current era of openness.

The alleged practice of buying and selling restorative justice was revealed by Member of Commission III DPR RI from the PKS faction, Adang Daradjatun, in a meeting with the Victim Witness Protection Agency (LPSK), at the Parliament Building, Monday (16/1).

Responding to this, Dedi explained that the Restorative Justice Program or pardon for subjective reasons of law has rules, so there are provisions that must be met in resolving cases through restorative justice.

This rule is contained in the Chief of Police Regulation (Perkap) Number 6 of 2019 concerning Investigation of Police Regulation Number 8 of 2021 concerning restorative justice.

Perpol 8 of 2021 regulates the handling of criminal acts based on restorative justice, which will be used as a basic reference for settling cases in the process of investigation and investigation of criminal acts in order to provide legal certainty, as stipulated regarding termination of investigation (SPP-investigation) and termination of investigation (SP3 ) with reasons for the sake of law based on restorative justice.

"That rule forms the basis for investigators," he said.

He emphasized that if there are members of the National Police who violate these rules or carry out the practice of buying and selling restorative justice, it is an ethical violation that can be processed and there will be strict sanctions awaiting.

"If there is a violation, then investigators violating the code of ethics can be processed, if proven criminal they will also be processed. It is clear and every proven violation will be dealt with firmly," said Dedi emphasized.

In 2022 the settlement of cases through restorative justice in the police will increase by 1,672 cases or 11.8 percent, namely 15,809 cases in 2022 and 14,137 cases in 2021.

The National Police Chief, General Pol Listyo Sigit Prabowo, in his year-end release, Saturday (31/12), said that the restorative justice carried out by the Police was part of an effort to create a sense of justice in the community, so that cases such as Grandma Minah, a cocoa thief, were not repeated.

"We see from the survey results, the average community really wants certain cases to be resolved with restorative justice," said Sigit.

Explanation of the Attorney General's Office on Restorative Justice

Head of the Attorney General's Legal Information Center Ketut Sumedana clarified regarding the reports in various media about the practice of buying and selling restorative justice and the Witness and Victim Protection Agency (LPSK) alluding to the rape case at the Ministry of Cooperatives and Small and Medium Enterprises (Kemenkop UKM).

He said, the application of restorative justice was based on the Attorney General's Office of the Republic of Indonesia Number 15 of 2020 and procedural law provisions, namely Articles 139 and 140 of the Criminal Procedure Code. Prosecutors have dominus litis authority over cases that have been declared complete (P.21) and have been carried out in Phase II by investigators.

This authority was reaffirmed in RI Law Number 11 of 2021 concerning the Attorney General's Office of the Republic of Indonesia as stipulated in Article 30C letter c, namely "participating and being active in handling criminal cases involving witnesses and victims as well as the process of rehabilitation, restitution and compensation". Furthermore, it is reaffirmed in Article 34A, namely "in the interests of law enforcement, the Prosecutor and / or Public Prosecutor in carrying out their duties and authorities can act according to their judgment with due observance of statutory provisions and the code of ethics"

In the implementation of restorative justice by the Attorney General's Office, the most important thing is that there are peace efforts from both parties and the victim/family to apologize to the perpetrators of the crime.