Restorative Justice, Road to Justice

"Restorative justice is a victim-centred response to crime that allows the victims, the offenders, their families, and representatives of the community to address the harm caused by the crime" Umbrait.

These quotes emphasize that Restorative Justice (RJ) is aimed at the response of the offenders, the victim, the family and the community to the criminal act caused by the perpetrator as well as the solution and accountability of the offenders to settle the criminal case. 

This shows the important role of all elements involved in a criminal case, including the victim's family, the offenders family and community members in the settlement of criminal cases. RJ is also seen as a process of achieving justice using an understanding between the two warring parties. This paper will briefly discuss the RJ concept concerning the criminal case settlement process.

Development of Restorative Justice in the World

Restorative justice first put forward by Albert Eglash in his article discussing reparation, that RJ is a restitutive approach to a retributive and rehabilitative justice approach. In its development, this RJ has been applied to the Government of Canada in 1970, namely by introducing a criminal case settlement program outside of traditional justice implemented by the community. This term is known as victim-offender mediation. 

The settlement of criminal cases is used to resolve cases of juvenile offences where the offenders and the victim are brought together to settle the criminal case through an agreement between the two parties. As a result, this process provides benefits between the two parties, namely in addition to reducing the recidivist rate, also gives a sense of responsibility to the child (offender) to the child (victim) to carry out compensation as a criminal settlement process. Apart from that, it also gives a special sense of satisfaction to the children who are fighting in comparison to the judicial process which is carried out based on the rules set by the community.

In line with the birth of RJ, the concept of settlement of criminal cases has developed quite rapidly, one of which is the formation of practice groups in countries such as the continent of Australia, Europe and America. The application was initiated into four RJ practice groups, namely;

1. Victim Offender Mediation(VOM)

Namely, it is the interest and authority for victims to participate in the process of solving criminal cases by discussing with the perpetrators so that the perpetrators can be held accountable for their behaviour.

• Family Group Conferencing (FGC)
• That is, the family, as well as local traditional leaders, have a role in the process of solving children's cases.
• Circles 

Namely, the process of resolving criminal cases by way of bringing together the perpetrator and the victim as well as the families of both parties to find solutions or solutions to children's problems.

• Restorative Board / Panels

Namely, the process of criminal settlement by way of discussion, where the victim's family will discuss with the perpetrator to be accountable for the treatment he did.

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.

More specifically, the application of Restorative Justice in Corrections in Indonesia itself has been mandated in Law Number 12 of 1995 concerning Corrections. In implementing the correctional system, community involvement is one of the guiding pillars which plays an important role in the success of the coaching program. 

In the law, it is explained that the correctional system is an order regarding the direction and boundaries and methods of fostering correctional assisted prisoner based on Pancasila which is carried out in an integrated manner between the supervisor, those who are fostered, and the community to improve the quality of the prisoners so that they are aware of mistakes, improve themselves, and not repeat criminal acts so that they can be accepted back by the community, can play an active role in development, and can live naturally as good and responsible citizens. 

In addition, the important role of the community in the implementation of correctional facilities is further contained in article 9 paragraph 1, which states that in the context of organizing the guidance and guidance of Correctional Assistance Prisoner, the Minister can collaborate with related government agencies, other social agencies, or individuals whose activities are in line with the administration of the correctional system.

This implies that the purpose of the correctional system can be realized through synergy between law enforcement officials, lawbreakers and the community. which states that in the context of carrying out the guidance and guidance of the Correctional Assisted Prisoners, the Minister can collaborate with related government agencies, other social agencies, or individuals whose activities are in line with the administration of the correctional system. 

This implies that the purpose of the correctional system can be realized through synergy between law enforcement officials, lawbreakers and the community. which states that in the context of carrying out the guidance and guidance of the Correctional Assisted Prisoners, the Minister can collaborate with related government agencies, other social agencies, or individuals whose activities are in line with the administration of the correctional system. This implies that the purpose of the correctional system can be realized through synergy between law enforcement officials, lawbreakers and the community.

With the implementation of this RJ, it can provide an answer that the implementation of crimes can be resolved not only using the judiciary but with the RJ approach can be an answer at the same time can be implemented to reduce the density of prisoners in prisons and detention center throughout Indonesia. In addition, this RJ can involve several Law Enforcement Officials as well as the community to take part in solving problems to achieve mutual justice.