On August 19, 2021, the Head of the Indonesian National Police recently issued the Indonesian National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Act based on Restorative Justice (“Perpol 8/2021”). Perpol 8/2021 effectively comes into effect on 20th August 2021. This regulation was made with the intention of emphasizing the restoration to an original condition and to strike a balance between protection and the interests of victims and the interest of the perpetrators of criminal acts. o Restorative justice focuses on restoration of loss to the victim rather than merely the punishment of the offender.
I. Implementation of The Handling of Criminal Act based on Restorative Justice
The Handling of Criminal cases based on Restorative Justice as regulated in Perpol 8/2021 affects the following activities:
II. Requirements and Procedures for Handling of Criminal Cases based on Restorative Justice
A. The Handling of Criminal Cases based on Restorative Justice
There are both general and special requirements when handling criminal cases based on restorative justice. General requirements are divided into 2 (two) parts, namely the material and the formal. General material requirements include ensuring that cases:
Meanwhile, formal general requirements include:
Aside from the above, the special requirements in handling of criminal cases based on restorative justice also affect crimes concerning electronic information and transactions, drugs, and traffic violations.
B. Procedures for Handling of Criminal Cases based on Restorative Justice
Procedures for Handling of Criminal Cases based on restorative justice shall include the completion and settlement of minor criminal crimes and the termination of inquiry or investigation process. Completion and settlement of minor criminal crimes is carried out on and every report/complaint and/or situation where a person directly finds an alleged criminal crime.
Completion of minor criminal crimes and the termination of inquiry or investigation is carried out by making a letter of request included with a statement of amicable settlement and evidence that the victim’s rights have been restored. As for the settlement of minor criminal crimes, the request shall be submitted to the Head of the Police of the District Area and the Head of the Precinct Police, while the request for termination of its inquiry or investigation shall be submitted to (i) the Head of the National Criminal Investigation Agency at the National Police Headquarters level, (ii) the Head of Regional Police for the Regional Police level, and (iii) the Head of District Area Police for District and Precinct Police level.
The enactment of Perpol 8/2021 is expected to minimize the amount of police reports on criminal acts that should be resolved through the restorative justice mechanism. Additionally, the issuance of Perpol 8/2021 also provides future assurance on the handling of criminal acts may be resolved based on the legal basis of justice, benefit, and certainty.(FMP)