Minister of Law and Human Rights Yasonna Hamonangan Laoly stated that the principle of restorative justice in the Criminal Code could be the solution to the issue of prison overcapacity nationwide.
"In this context (of prison overcapacity), the good principle has been included in the Prison Law, and the restorative justice concept we enshrine on the new Criminal Code could be implemented in our prosecution process," Laoly stated at the national symposium on the new paradigm of Indonesia's criminal justice system, as observed by online means on Thursday.
He noted that the new Criminal Code and Prison Law align with the government's commitment to making prison sentence as the final measure instead of the only measure in law enforcement.
Through the new Criminal Code, the government is seeking to emphasize the recovery factor to reduce elements of crime that is expected to prevent the recurrence of criminal actions, the minister remarked.
"Prioritizing corrective actions on law violators aims to reduce the elements of crime rather than merely distancing (law violators) from the society by temporarily revoking their liberty," Laoly stated.
He opined that it would be unfair if a hefty sentence is imposed against a law violator while disregarding factors that lead them to commit the crime.
"(There are) economic, social, and other factors. It will be unfair to blame the cause of a crime merely on an individual," he stressed.
The minister is upbeat that information on the new criminal justice approach in the Criminal Code and the Prison Law would be disseminated to all parties, with not only academics but also law enforcers, including lawyers, being covered.
Parties involved in the law drafting process, including the Ministry of Law and Human Rights and the House of Representatives, are also willing to help disseminate information on basic principles and correct interpretations of the recently-passed new Criminal Code to the public, he remarked.
"We are now entering the three-year transition period before the new Criminal Code is enforced by December 2025," Laoly remarked.
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Editor : Mahdani
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