JAKARTA - Settlement of legal cases by means of restorative justice became a topic of discussion after a member of Commission III of the DPR from the Gerindra faction Habiburokhman suggested that this method be applied to the Habib Rizieq Shihab case.
Habiburokhman's proposal was presented to Attorney General ST Burhanuddin at a Working Meeting held between Commission III of the DPR and the Attorney General's Office, Tuesday, January 26.
For the general public, restorative justice is a foreign idiom, so how effectively is this method applied to the Habib Rizieq case?
Reported by VOI from the official website of the Supreme Court, the principle of justice of restorative justice is one of the principles of law enforcement in case resolution that can be used as an instrument of recovery and has been implemented by the Supreme Court (MA).
One of the bases for the application of restorative justice by the Supreme Court is proven by the existence of policies through Supreme Court Regulations and Supreme Court Circular Letters.
However, in Indonesia, the application of restorative justice in the criminal justice system is still not optimal.
Restorative justice is an alternative to the settlement of criminal cases, which in the mechanism (criminal justice procedures) the focus of crime is changed to a process of dialogue and mediation.
Dialogue and mediation in restorative justice involves several parties including the perpetrator, the victim, the perpetrator's or victim's family, and other related parties. In general, the objective of the legal settlement is to create an agreement on the settlement of criminal cases.
In addition, another objective of restorative justice is to obtain fair and balanced legal decisions for both the victim and the perpetrator.
An important point in restorative justice is law enforcement which always prioritizes restoration to its original state and restores the pattern of good relations in society.
Thus, the proposal put forward by Habiburokhman in the Habib Rizieq case was to put forward the principle of mediation in order to solve the root of the legal problems that befell him, is it effective?
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