Chief Justice: Restorative justice More Effective

In a variety of actual discourse, restorative justice or restorative justice is a specific way to solve criminal cases outside the court. Not all types of crime can be applied in this system, but implementation of this system can be said to be much more effective than conventional criminal justice process.

This was stated by Chief Justice of the Constitutional Court, Moh. Mahfud MD, Tuesday (13/3), as a guest speaker at the "National Police Criminal Investigation Function Rakernis In 2012," organized by the National Police Headquarters, at the Hotel Mercure, Ancol, Jakarta, with the theme of "Commitment to Implement Law Enforcement Police Investigator to be honest, true, and Just to Meet Demands Justice Pain Society."

In the presence of Kabareskrim Police, Inspector General of Police Sutarman, and followed by around 310 participants consisting of the main officials Criminal Investigation Police, Director of Investigation (Karimun, Krimsus, Drugs) Police in Indonesia, and several other officials, Mahfud also describes restorative justice system-related that is in force.

According to him, for the police, in fact this system has been done, but they just do not know the term. For example, a case of theft of flip-flops, as if there are allegations of police and prosecutors were unjust to the public. "But it must be admitted that some officers were unjust to the public, although the action was a kid," he said.

 However, Mahfud acknowledged, it is generally the case that it is not easy.Prosecutors and the police are faced with awkward position. "If there is a small case, if not brought to a court of law has been blamed for saying anyone is wrong must be brought to court, but if taken to court is said to be arbitrary," explained Professor Tata State. "And I say that's a little hard to understand this issue, between the legal needs with the demands of society," he added.

During its development, continued Mahfud, society has seen a variety of handling criminal cases does not reflect fairness in terms of handling or of the judge's decision. "So now there are new demands which said that how prosecutors and police officers how to apply the system of restorative justice?" He explained.

In general, Mahfud resume, a crime in this system is an action that is considered more fair and balanced. "Therefore, this system requires no attention to the balance between the criminal offender, victims of crime, and society," said Mahfud.

During this time, Mahfud said, if there is a crime occurs in society, always the victim punished no matter what the fate of the victims. "The victim did not talk to. Therefore, the idea of ​​restorative justice is a victim must be involved, "he said.

Mahfud further, people should also get the benefit of the judicial process. "So, these three components can sense a process for resolution of the crime. If needed, the offense is not necessary to be brought to justice, "said Mahfud. He is also a Professor of the Islamic University of Indonesia Yogyakarta.

More importantly, Mahfud said people rarely speak also benefit from the punishment of the victim. "Restorative justice is not just talking about the purpose of prosecution, but also speaks the mechanism how to achieve that goal that is beneficial to the three components," he said.

Furthermore, Mahfud said that the interest earned from all three components is the victims of restorative justice can meet both the needs and satisfaction. As for the perpetrators of restorative justice, it gives a chance to win back the respect of society. "So he's not constantly verbally abused, and people make the offender is no longer considered a dangerous person," he explained.

In the final explanation, Mahfud acknowledged that the application of restorative justice may conflict with the principle of legality and legal certainty purposes. "But the crash itself is not going to happen when it is intended by the rule of law is legal certainty and fair," Mahfud wrote in his writing entitled "Restorative Justice in Law Enforcement". (Shohibul Umam / mh/Yazid.tr)