Regarding Mario Dandy's Case, Mahfud MD: Not All Criminal Acts Can Use Restorative Justice

Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD. (Photo: Doc. Antara)

JAKARTA - Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD said that the application of restorative justice could not be done that easily. Although it is the focus, not all criminal cases can apply this option in its resolution.

This was mentioned by Mahfud in response to the possibility of implementing restorative justice in the case of David Ozora's persecution by Mario Dandy Satrio.

"The legal world knows that not every criminal act can use restorative justice," Mahfud said via his Twitter account @mohmahfudmd quoted on Saturday, March 18.

Mahfud emphasized that the articles suspected of Mario were also quite heavy. Thus, the restorative justice mechanism cannot be done just like that.

In this case of persecution, Mario Dandy was named a suspect and charged with Article 355 of the Criminal Code, paragraph 1 subsidiary to Article 354 paragraph 1 of the Criminal Code, which is more subsidiary to Article 353 paragraph 2 of the Criminal Code, which is more subsidiary to Article 352 paragraph 2 of the Criminal Code.

"The article used to threaten Mario is a serious act. You can't use the RJ mechanism," said the former Chief Justice of the Constitutional Court (MK).

Ini berita KOMPAS TV yg salah ataukah Kajati DKI yg keliru dan lebay ya? Dunia hukum tahu bhw tidak setiap tindak pidana bs pakai Restorative Justice (RJ) loh. Psl yg dipakai utk mengancam Mario itu termasuk tindak berat, tidak bisa pakai mekanisme RJ. https://t.co/jbCLb2yxPk

— Mahfud MD (@mohmahfudmd) March 17, 2023

Meanwhile, the DKI Jakarta Attorney General's Office has stated that there is no restorative justice for Mario Dandy and Shane Lucas, who are now suspects in the persecution case. The public prosecutor will sue with severe sanctions.

"For the suspects Mario Dandy Satriyo and Shane Lukas Rotua Pangodian Lumbantoruan, there is a closed opportunity to be given a termination of prosecution through RJ," said Head of the DKI Jakarta High Prosecutor's Office, Ade Sofyansyah in his statement, Friday, March 17.

Meanwhile, the statement made by the Head of the DKI Jakarta High Prosecutor's Office (Kajati) who offered restorative justice only applies to the suspect AG, Mario Dandy's girlfriend. The reason is that he is still a minor.

However, if David's camp rejects peace efforts against AG, the legal process will continue.