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Restorative Justice, Road to Justice

6 April 2021   21:42 Diperbarui: 6 April 2021   22:19 337
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Kompasiana adalah platform blog. Konten ini menjadi tanggung jawab bloger dan tidak mewakili pandangan redaksi Kompas.
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Development of Restorative Justice in Indonesia 

The RJ concept has actually been born in Indonesia since the existence of Pancasila has become the basis of the state as well as unifying the nation. The fourth principle of Pancasila which states that "society is led by the wisdom of wisdom in representative deliberations" shows that in fact, the Indonesian people have implemented consensus as a way to wisdom. Besides, it also states that the importance of an understanding or consensus-based on democracy in the joints of the life of the Indonesian nation. So we can conclude that the Indonesian nation is very supportive of this RJ process to reach an agreement and understanding both within the family environment and the community environment. Thus, as a moderate nation, namely a nation that recognizes diversity.

Overcrowded Handling

 It feels unfair if the overcrowded problem is only borne by the Directorate General of Corrections (Ditjenpas) of the Ministry of Law and Human Rights, more specifically prisons and detention center. In the process of handling criminal cases, all relevant Law Enforcement Officials (L.E.O) should be responsible for the criminal justice process, both in pre-adjudication, adjudication and post-adjudication processes. This was stated by the Deputy Minister of Law, Eddie OS Hiariej on the Kompas daily on January 27th, 2021, with the theme "Quo Vadis Pemasyarakatan".

All Law Enforcement Officials have the authority in the process of solving cases/criminal justice processes, this also includes how to handle overcrowded in prisons and detention center. Based on data from the Correctional Database System (C.D.S) in March 2021, the data for the prisoner of Correctional Assistance throughout Indonesia is 266,278 people with the number of correctional officers is 44,752 people. The ratio of the number of officers and prisoner is 1:16 people. Currently, the available capacity in all prisons/detention center throughout Indonesia is 135,704 people, so the ratio of the current capacity to the space available in prisons and detention center throughout Indonesia is 96%.

Looking at this data, it should be a shared urgency that the overcrowded condition is a national strategic issue that must be sought for ideas or solutions. Deputy Minister of Law and Human Rights, Eddie Os Hiariej also conveyed in the adage, namely "Poena Ad Paucos, Metus Ad Omnes Perveniat" which states that "it does not mean that every person who commits criminal should be sentenced to prison, there are other alternatives that can be used for deterrence or prevention".

In addition to the way of controlling regulations and legal substance, namely amendments to the Law and revisions to the Laws, many alternatives can be used by Law Enforcement Officials, one of which is the legal culture approach. The legal culture approach that is meant here is by way of restoration for the families of the victims who are fighting by promoting the concept of restoration. Or ideally, the Restorative Justice approach.

 

Restorative Justice in Correctional Perspective

 Restorative Justice (RJ) is an alternative to the restorative approach, namely by involving the two conflicting parties to provide the best solution between the two parties as a way out of the criminal process. The alternative of punishment in the form of RJ can minimize the increase in occupancy capacity (overcrowded) in prisons and detention center, especially in the pre-adjudication stage where the role of Community Guidance officers is to mediate between the two parties before proceeding to the realm of law.

 Besides, the restorative justice approach broadens the understanding of the collaborative process of achieving justice by involving the community in it. The community is allowed to react positively to criminal acts committed by the offenders by taking a significant role together with the government in achieving the goal of restorative justice, namely protecting the community from recurring crimes and restoring the relationship between the lives of the assisted people and their lives, livelihoods and lives. This is the strength of the restorative justice approach. By involving the community, this RJ can minimize a person who violates the law directly being brought to the realm of law.

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