Expert Confirms Mario Dandy Aniaya David Ozora's Case Can't Be Resolved Through Restorative Justice

The suspect Mario Dandy continued to kick the victim David who was face down in the re-enactment of the scene at the TKP. (Between-Rivan A L)

JAKARTA - Constitutional law expert Hibnu Nugroho said the opportunity to apply restorative justice that had been opened by the DKI High Prosecutor's Office (Kejati) did not fit into the case of mistreatment of suspect Mario Dandy against victim David Ozora.

Hibnu emphasized that restorative justice in the country can only be carried out in light category crimes. "(The case of persecution involving the suspect MDS) The punishment is heavy, planning (planned persecution) again," Hibnu said in a written statement, Sunday, March 19, confiscated by Antara.

Thus, Hibnu also assessed that the decision of the Attorney General's Office (AGO) to close the statement of the DKI Attorney General's Office not to apply restorative justice in cases of persecution was correct, as stipulated in AGO Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. "That's right because if implemented it will violate the regulations of the Attorney General's Office," he said.

As contained in Article 5 of the AGO Regulation Number 15 of 2020, one of the requirements for the application of restorative justice is a criminal act related to being threatened with no more than five years in prison. The same thing, added Hibnu, also applies to other suspects, namely AG, who are still at the age of children. The threat of severe crime, he said, closed the possibility that AG had the opportunity to obtain restorative justice. "Meanwhile, AG itself was charged with a article on severe persecution which carries a penalty of more than seven years," he said.

Hibnu also emphasized that in cases of abuse carried out by MDS and AG, the case was a criminal act of severe persecution so that it was difficult to apply restorative justice because it violated the regulations of the Prosecutor's Office. Hibnu added that even though it was possible for the victim's family to take a peaceful path, the state would not necessarily accept this. "Even if the victim's family accepts it, the state cannot necessarily accept it," he said.