June 20, 2023

Legal Update: SWA Has Successfully Assisted Clients in A Shareholder Dispute

On 22 December 2020, the Director-General of the Supreme Court for Judicial Public Judicature issuing Decree No 1691/DJU/SK/PS.00/12/2020 of 2020 on Enforcement of Guideline Applicability of Restorative Justice (“Decree 1691/2020”) to stimulate the implementation of Restorative Justice in courts all over Indonesia.

Restorative justice is an alternative settlement of a criminal case, from focusing on punishment into dialog and mediation between actor and its family, victim and its family to settle with fair and impartial for both parties.

Decree 1691/2020 focusing on restorative justice for:

Minor crimes apply to a crime stipulated in articles 364, 373, 379, 384, 407, and 482 Indonesia Criminal codes with the amount of loss nothing less than IDR 2.500.000;

The child criminal justice system is an obligation for the court to endorse a restorative justice approach.

Women in conflict with the law is a Judges should consider equality in gender and non-discrimination principles in a legal proceeding.

Drug-related crimes apply to addicts, abusers, victims of abuse, narcotics dependence, and one-day use of narcotics.

Enforce Decree 1691/2020 aim to increase the implementation of restorative justice in courts all over Indonesia. It’s also for the fulfillment of simple, fast, and low cost in courts.

 

Conclusion

Restorative justice is an alternative of settlement in the criminal case for minor crimes, child criminal justice system, women in conflict with the law, and drug-related crimes.

Implementation of Decree 1691/2020 is expected can compose a simple, fast, and low cost in courts.