AGO: Apology from Party D is a condition if the AG case is resolved outside the criminal process
The Attorney General's Office (Kejagung) said that the statement by the Head of the DKI Jakarta High Prosecutor's Office (Kajati) Reda Manthovani regarding restorative justice (RJ) against the perpetrator of persecution D who was underage, namely AG (15) was a step to implement legal diversion.
According to the Head of the Attorney General's Legal Information Center Ketut Sumedana, diversion is the transfer of settlement of child cases from the criminal justice process to processes outside of criminal justice with the aim of achieving peace between the victim and the child.
Nevertheless, he said, legal diversion must also meet the requirements, namely the existence of an apology and consent from the victim.
"Even then, the condition is that there must be an apology from the victim and the victim's family, so if there isn't one, the legal process will still be carried out," Ketut said in his statement to Kompas.com, Saturday (18/3/2023).
Ketut stated that legal diversion was regulated through a law, namely Law Number 3 of 1997 concerning Juvenile Courts.
According to him, the regulation stipulates that law enforcers at every level of handling child cases are required to make peaceful efforts with diversion to ensure the future of children in conflict with the law.
"What was done by the DKI Prosecutor's Office, at that time there was nothing particularly wrong for AG (as a child perpetrator in conflict with the law) by seeking diversion that could be considered for child perpetrators in conflict with the law, so not RJ," he said.
DKI Jakarta Prosecutor Reda Manthovani once said that he offered restorative justice to D's family against AG perpetrators, after visiting D at Mayapada Hospital, Thursday (16/3/2023).
According to the Attorney General, the offer, said Reda, would not be forced.
His party will provide as much freedom as possible for the family to respond to the offer.
Currently, the police have named three suspects in the abuse case against D, namely Mario Dandy Satrio (20), Shane Lukas (19), and AG (15).
It was suspected that the persecution started because Mario was angry after hearing news from the witness APA who said that his girlfriend AG had received bad treatment from the victim.
Mario then told this to his friend, Shane Lukas. Later, Shane provoked Mario so that Mario abused the victim until he fell into a coma.
Shane and AG were at the crime scene when the assault took place. Shane also recorded the abuse by Mario.
Now, Shane and Mario have been named suspects and are being held in the Metro Jaya Police Headquarters detention room.
Meanwhile, AG, who was labeled as the perpetrator or a child in conflict with the law because he was still underage, was detained at the Social Welfare Administration Institution.
The three are suspected of having committed the planned crime of aggravated persecution.