Expert Comments on OJK's Authority over Financial Crimes, Restorative Justice

TEMPO.CO, Jakarta - Legal expert Prof. Ratno Lukito gave his opinion to the principle of restorative justice that the Financial Services Authority (OJK) will put forward in investigating financial crimes. He mentioned how the immaterial damages of every case must be taken into account as well.

"Restorative justice is basically justice to restore, to return [assets]. If the money has been returned, it's done. That's what restorative justice means," Ratno told Tempo on Friday, January 6, 2023.

That, Ratno said, is only from the financial (material) point of view. The immaterial aspects must be considered as well.

Immaterial aspects and/or damages, he said, include things like loss of time, feelings of losses, and being harmed, and so on. All of this must also be considered in restorative justice, because "the feelings of people whose possessions were stolen cannot be set aside. The feeling of not being safe—insecure, is an example of immaterial damages."

Ratno views restorative justice as rather problematic if implemented in Indonesia. According to him, Indonesians still don't want to give up or back down, especially concerning financial matters. He sees the concept of restorative justice as appropriate when people already have trust.

"The restorative justice principle would be convenient for people who have used the money they got from corruption thinking that the problem is solved once they replace that money. That's not ideal," Ratno said.

In cases like these, he added, mandating the perpetrators pay monetary compensation only will not solve everything.

AMELIA RAHIMA SARI

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