In The Detention Case, 3 Suspects Were Released By The Riau Islands Prosecutor's Office Through Restorative Justice

The Riau Islands Prosecutor's Office has stopped prosecuting criminal cases of detention through restorative justice in Tanjungpinang, Riau Islands, Monday (24/6/2024). (ANTARA)

The Riau Islands High Prosecutor's Office (Kejati) has acquitted three suspects in a criminal case of detention through restorative justice.

Head of the Riau Islands Attorney General's Office, Denny Anteng Prakoso, said that this restorative justice was created based on the submission of the Bintan District Attorney (Kejari).

"Kejari Bintan filed a case of detention with the three suspects who were requested to be terminated by prosecution based on restorative justice," he said in Tanjungpinang, Riau Islands, Monday, June 24, which was confiscated by Antara.

Denny mentioned the names of the three suspects in the criminal case of people and property (oharda), namely Fajar Agusti bin M. Sadri Saputra, Silvi Tiara Putri binti Razali, and Rangga Saputra Als Apek bin Muhamad.

The actions of the three suspects violated Article 480 paragraph (1) in conjunction with Article 55 paragraph (1) 1st of the Criminal Code concerning criminal acts of detention.

"The restorative justice application for the three suspects has been approved by the Deputy Attorney General for General Crimes at the Indonesian Attorney General's Office," said Denny.

He explained that the termination of the prosecution case was based on legal reasons and considerations for the termination of prosecution based on restorative justice which had met the requirements, among others, there was a peace process, the suspect had apologized and the victim had apologized.

The suspect has never been convicted or the first time he has committed a crime, and the threat of a fine or imprisonment is no more than 5 years.

"The unconditional peace agreement, both parties have forgiven each other and the suspect promised not to repeat his actions. The victim does not want the case to proceed to trial," said Denny.

In addition, he continued, the settlement of this case also considered sociological factors, the public responded positively to the termination of prosecution based on restorative justice.

After being granted the termination of the prosecution of the case, the Head of the Bintan Kejari must immediately process the issuance of a letter of termination of prosecution (SKP2) based on restorative justice as a manifestation of legal certainty and legal benefits. This is in accordance with the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice.

He added that the Riau Islands Prosecutor's Office carried out the settlement of criminal cases by prioritizing restorative justice which emphasized the restoration of back to its original state and the balance of protection, interests of victims, and perpetrators of criminal acts that were not oriented towards retaliation.

This, he said, is a need for community law and a mechanism that must be built in the implementation of the authority to prosecute and reform the justice system by taking into account the principles of rapid, simple, and low-cost justice, in order to create a sense of justice in the midst of society.

"Through this restorative justice policy, it is hoped that there will be no lower class members who are injured by the sense of injustice. However, it is also necessary to underline that restorative justice does not mean that it provides room for forgiveness for criminals to repeat criminal acts," he said.