Jakarta –
DKI Jakarta High Prosecutor’s Office (Kejati) has closed the option restorative justice in the settlement of the persecution case against Cristalino David Ozora (17) committed by Mario Dandy Satriyo (20) and Shane Lukas Rotua Pangodian Lumbantoruan (19). Opportunities for Mario Dandy and Shane were closed because the persecution they carried out caused the victims to be seriously injured.
“For Suspects Mario Dandy Satriyo and Shane Lukas Rotua Pangodian Lumbantoruan was denied the opportunity to be given a termination of prosecution through RJ because it caused a direct consequence for the victim until now he was unconscious/seriously injured, so the threat of punishment was more than the maximum limit of RJ, and made the public prosecutor to give harsh punishments for acts that are very heinous,” said the Head of the Legal Information Section (Kasipenkum) of the DKI Prosecutor’s Office Ade Sofyansah in a written statement, Friday (17/3/2023).
After all, continued Ade, restorative justice This can only be done if there is an apology from the victim’s family. If not, the alternative settlement of the case cannot be applied.
“Restorative justice can only be implemented when there is forgiveness from the victim or family. If there is not, there is automatically no effort restorative justice in the prosecution phase,” said Ade.
Meanwhile, regarding the statement of the Jakarta Prosecutor’s Office Reda Manthovani offering to apply diversion to AG’s children in conflict with the law, Ade explained that this was solely considering the child’s future as stipulated in the Child Protection Law. Because, he continued, AG’s child did not directly commit violence against the victim.
For information, diversion is the transfer of settlement of child criminal cases from the criminal justice process to processes outside of criminal justice.
“Statement The Prosecutors Office of DKI Jakarta provides an opportunity to offer diversion to AG children who are in conflict with the law solely by considering the future of the child as stipulated in the Child Protection Law, because the actions concerned do not directly commit violence against the victim. However, if the victim and family do not provide specific peaceful means against the perpetrators of Child AG who are in conflict with the law, efforts restorative justice will not be done,” said Ade.
Ade also explained that the reason for the DKI Prosecutor’s Office and the public prosecutor’s team to visit David at the hospital was solely as an expression of empathy. Also at the same time to ensure that the actions of the defendants deserved a harsh sentence.
“The presence of the DKI Jakarta Attorney General’s Office and the public prosecutor’s team at the hospital is simply an expression of empathy as law enforcers while at the same time ensuring that the actions of the defendants really deserve a harsh sentence,” he said.
Previously reported, the High Court of DKI Jakarta offered restorative justice (RJ) in resolving cases of maltreatment against David Ozora. However, the decision whether or not to apply restorative justice is up to David’s family.
“We will continue to offer whether RJ will solve the problem or not, it depends on the parties, especially the victim’s family,” Reda explained to reporters, Thursday (26/3/2023).
“If the victim doesn’t want (RJ), that’s a continuing process. The RJ process is carried out if both parties really want peace and don’t want to continue this case anymore. But if one party can’t or doesn’t want it, it’s like one-sided applause, ” he added.
(Mon/Thursday)