By: Indonesian Young Yuris Research Team

In 2013, the entertainment world in the country was shocked by the news of an accident that befell AQJ (Abdul Qodir Jaelani), the son of musician Ahmad Dhani. The Mitsubishi Lancer B 80 SAL driven by AQJ came from the south towards the north, crashed into the central fence and flew in the opposite direction, causing 6 people to die at the scene while 1 person died at the hospital.

Because at that time AQJ was still 13 years old, the case was resolved amicably with the Restorative justice system.

What is Restorative Justice?

Restorative justice is an alternative for resolving criminal cases involving perpetrators, victims, families of perpetrators/victims, and other related parties to jointly create an agreement on a fair and balanced settlement of criminal cases for both victims and perpetrators by prioritizing recovery. return to its original state, not retaliation (retributive) and restore the pattern of good relations in society.

The purpose of implementing restorative justice is to reform the criminal justice system that still prioritizes prison sentences, to then be more directed to aligning the interests of victims’ recovery and accountability of criminals. This also encourages the fulfillment of the principles of a fast, simple and low cost trial with balanced justice.

The basic principles of restorative justice

  1. The existence of recovery for victims who suffered as a result of crime by providing compensation to victims, peace, perpetrators doing social work or other agreements
  2. Creating laws that are fair, impartial and only side with the truth in accordance with the applicable laws and regulations, and take into account the equality of compensation rights and balance in every aspect of life.
  3. Provide opportunities for various parties to take part in the settlement. Perpetrators have the opportunity to be involved in restoring the situation (restoration), the community plays a role in peace and the court plays a role in maintaining public order.

Restorative justice (restorative justice) is applied within the scope of general courts relating to:

  1. Minor crime, which is a crime punishable by imprisonment for a maximum of 3 (three) months or a fine of Rp. 2,500,000 (two million five hundred thousand rupiah) in accordance with PERMA No. 2 of 2012. Examples of criminal acts contained in Article 364 (theft ), 373 (embezzlement), 379 (fraud), 384, 407 and article 482 (smuggler) in the Criminal Code.

With a note, that restorative justice does not apply to repeat offenders in accordance with the provisions of the legislation.

  1. Women in conflict with the law, namely women in conflict with the law, women as victims, women as witnesses. If women are in conflict with the law, then in accordance with Article 5 PERMA No. 3 of 2017, judges are prohibited from issuing statements or views that contain gender stereotypes.
  2. child case; both children who are in conflict with the law, children who are victims, and children who are witnesses. Described in PERMA No. 4 of 2014 concerning guidelines for the implementation of Diversion in the juvenile criminal justice system.
    1. Children in conflict with the law: children who are 12 years old but not yet 18 years old who are suspected of committing a crime
    2. Children who are victims: children who are not yet 18 years old, experience physical, mental, and/or economic losses caused by criminal acts
    3. Children who are witnesses: Children who are not yet 18 years old who can provide interests in the interests of the legal process.
  1. Drug case. The restorative justice approach can only be applied to addicts, abusers, victims of abuse, narcotics dependence and one-day use of narcotics, as stipulated in Article 1 of the Joint Regulation of the Chairman of the Supreme Court of the Republic of Indonesia, Menkumham, Menkes, Minister of Social Affairs, Attorney General, Police and BNN. Furthermore, it is also contained in SEMA No. 4 of 2010 and SEMA No. 3/2011 concerning abuse, victims of abuse and narcotics addicts into medical rehabilitation and social rehabilitation institutions.
    1. Narcotics addict: a person who uses or abuses narcotics and is in a state of dependence on narcotics
    2. abusers: people who use drugs without rights
    3. abuse victim: someone who accidentally uses narcotics because he is persuaded, tricked, cheated, forced and/or threatened
    4. Narcotics dependence: a condition characterized by an urge to use narcotics continuously with increasing doses and when its use is reduced and/or stopped suddenly, it causes characteristic physical and psychological symptoms.

Especially for narcotics cases, with the presence of restorative justice, it is hoped that it can overcome one of the complicated problems currently being faced by the Indonesian people, namely the overload of prisons. With the main contribution by drug users, which amount to 42% of the total number of prisoners/detainees.

Source :

Badilum Mahkamah Agung