By: Andreas Rae Johanes

On 21 July 2020, the Attorney General of Republic of Indonesia has issued a Public Prosecutor’s Office Regulation No. 15 of 2020 concerning Termination of Prosecution Based On Restorative Justice (“PR 15/2020”) which came into effect a day after the issuance date, which is on 22 July 2020.  The background of the issuance of PR 15/2020 is to provide an opportunity for a suspect of criminal case to take responsibility for his criminal action by restoring the victim’s damages back to its conditions before the criminal action committed by the suspect.

Pursuant to Article 5 (1) of PR 15/2020, there are a few requirements to terminate prosecution based on restorative justices, which are:

  1. The suspect committed a criminal action for the first time;
  2. The criminal action is punishable by a penalty or imprisonment for less than five years; and
  3. The value of the losses due to criminal action is less than Rp2.500.000 (two millions five hundred thousand rupiah).

The provisions of Article 5 (1.c) of PR 15/2020 can be exempted for criminal action committed against a person’s life and criminal action committed due to negligence (Article 5 (3 & 4) of PR 15/2020).  Furthermore, Article 5 (6) of PR 15/2020 determines that the termination of prosecution based on restorative justice can be undertaken if there has been a restoration to the conditions before the criminal action, there has been any settlement plan between the suspect and the victim, and the society respond positively for the termination of prosecution. However, termination of prosecution based on restorative justice is excluded for criminal action against state security, the dignity of president, public order and morality, narcotics, criminal act against environment, and criminal act committed by corporations.

Pursuant to Article 9 of PR 15/2020, the public prosecutor shall facilitate between the suspect and the victim within maximum 14 (fourteen) day after public prosecutor received the files and take into custody the suspect from the police investigator.  Without going through coercion, pressure, and intimidation, public prosecution will mediate between the victim and the suspect. In terms of the reconciliation going well, the victim and the suspect will make settlement plan in front of the public prosecutor. The said settlement plan shall contain a statement of piece include fulfillment of certain obligation which agreed by the parties.  In terms of the reconciliation is not succeed, public prosecutor shall continue the case to the trial stage (Article 10 of PR 15/2020).

Pursuant to Article 15 of PR 15/2020, in case that the suspect was imprisoned and the case has been terminated based on restorative justice, public prosecutor shall immediately release the suspect along with a letter of termination of prosecution.

With the existence of PR 15/2020, public prosecutor has new authority, which is not only to prosecute the suspect of criminal action but also authorized to be a facilitator between the victim and the suspect in a criminal case. Hence, a harmonious situation can be achieved in the society through implementation of restorative justice.