Police Discretion Against Criminal Offenders Based on Restorative Justice

 

 

Through the successful resolution of this conflict, Bale Sabha Adhyaksa in Batuan Kaler Village is expected to be a pioneer in the formation of similar forums in other villages within the jurisdiction of the Gianyar District Attorney’s Office.

 

This step is a strategic effort in maintaining public order and building a legal culture based on local wisdom.

 

Ronny F. Sompie’s Note:

 

The concept of resolving problems through RESTORATIVE JUSTICE which refers to resolving legal problems in society according to local wisdom in each region, has actually been rooted in local customs and cultures in each tribe in Indonesia.

 

⁠In several areas such as the Minangkabau Custom which is known as the village density and in the Batak traditional community with the term Dalihan Natolu including Bakar Batu in Papua, the Balinese people have agreed together to the enactment of the Bali Regional Regulation which regulates according to CUSTOMS relating to the obligations of the community in Bali. When the Prosecutor’s Office applies Bale Sabha Adhyaksa as a meeting concept to resolve problems in society, then the problem of land mafia and legal mafia has become a SOLUTION for the community.

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⁠ The Indonesian National Police actually also has a POLMAS (Community Policing) policy or Community Policing which was initiated since the beginning of the Reformation by the Indonesian National Police’s Community Development Function by implementing the concept of resolving public order and law problems at the initial level in villages, sub-districts and hamlets (RW & RT) through a joint agreement between the parties in question on the initiative of the Bhabinkamtibmas who are on duty in every village / sub-district throughout Indonesia.

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⁠When models for resolving public order and law problems in every village / sub-district can be initiated together through intense communication from competent elements to obtain an agreement, then creative breakthroughs from every Ministry / Institution in the center through its spearhead in the regions to the villages / sub-districts will be able to become a means of resolving public order and law problems to prevent every problem, so that it is not always brought to court through POLRI investigations (for criminal cases) or does not have to be brought to court (for civil and state administrative cases), because it can be resolved through a forum that has a nuance of local wisdom of the local community.

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Hopefully the Governors & Deputy Governors, Regents & Deputy Regents, and Mayors & Deputy Mayors throughout Indonesia can use the experience in Bali as a reference for study and implementation in their respective regions by inviting the Prosecutor’s Office, Police and all related stakeholders to resolve law and order issues without having to be brought to court.

 

Jakarta, May 12, 2025

 

*) Dr. Ronny F. Sompie, SH., MH.(legal observer, _Alumni of the Doctoral Program in Law, Univ Borobudur)