South Kalimantan Prosecutor's Office Establishes Restorative Justice House

Head of the South Kalimantan High Prosecutor's Office (Kajati Kalsel) Mukri/Photo: Antara

BANJARMASIN - Head of the South Kalimantan High Prosecutor's Office (Kajati Kalsel) Mukri requested the establishment of "restorative justice" in all districts and cities in this province, to facilitate coordination in resolving cases outside the judiciary. In the district and city, there are at least three restorative justice houses to be built immediately," said Mukri, in Banjarmasin, Saturday, April 2. legal umbrella. He stated that the existence of a restorative justice house is very strategic in order to reconcile a case that is light in nature in the sense that it does not need to be brought to court. So as long as it can be resolved out of court, the local prosecutor encourages restorative justice to be applied. "But if it can't, then it is brought to court for the prosecution stage," said Kajati accompanied by the Assistant for General Crimes at the South Kalimantan Prosecutor's Office, Indah Laila, quoted by Antara. , in principle true justice is acceptable to both litigants. While the legal process is not necessarily able to get a justice. Therefore, only by way of peace without a legal process, true justice can be realized after all parties agree without anyone feeling aggrieved.

Restorative justice is an approach in solving problems involving victims, perpetrators, and elements of society for the sake of creating justice. Restorative justice can be applied by prosecutors by stopping prosecution if the case is deemed more feasible to be resolved outside the judicial route, guided by the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. There are three conditions for the principle of restorative justice that can be taken, namely the first time the perpetrator has committed a crime, the criminal penalty is not more than 5 years and the value of the case loss is not more than Rp. 2,500,000. However, there are exceptions if the loss exceeds IDR 2,500,000 but the threat is not more than 2 years, the criminal threat is more than 5 years as long as the loss does not exceed IDR 2,500,000 and the victim's interests are fulfilled and the criminal threat is not more than 5 years. yay The first is a crime against state security, the dignity of the president and vice president, disturbing public order and morality. Second, a crime that is punishable by a minimum sentence. Third, the crime of narcotics trafficking, the environment and corporations.