West Kalimantan High Prosecutor's Office Files First-Ever Plea Bargain

The West Kalimantan High Prosecutor’s Office has submitted a plea bargain mechanism for the first time as part of efforts to modernise the criminal justice system. Head of the West Kalimantan High Prosecutor’s Office, Emilwan Ridwan, stated that the plea bargain application was filed for suspect Ika Suryani, also known as Ika, under Article 488 of the Criminal Code. The request was submitted by the Ketapang District Prosecutor’s Office to the Junior Attorney General for General Crimes for further approval. According to Emilwan, the implementation of this mechanism is part of a law enforcement transformation that is not solely oriented towards punishment, but also prioritises the values of justice, utility, and legal certainty. In addition, the West Kalimantan High Prosecutor’s Office also conducted an exposure for the approval of the termination of prosecution through a restorative justice mechanism for suspect Walhasan, also known as Pak Wal, for an alleged criminal act as stipulated in Article 591 letter a of the Criminal Code. Through this mechanism, certain offenders are given the opportunity to take responsibility for their actions by restoring social relations and harmony within the community without having to undergo a lengthy trial process. Emilwan explained that this approach emphasises restoring the situation, rather than mere retribution, so it is expected to provide broader benefits for victims, offenders, and the community. Beyond restorative justice, the West Kalimantan High Prosecutor’s Office has begun implementing the plea bargain mechanism as part of the criminal justice system reform. This mechanism allows for case resolution under specific conditions, including a criminal threat of under five years, the offender not being a recidivist, and a voluntary admission of guilt by the suspect. A voluntary admission of guilt can also serve as a basis for the public prosecutor to submit a lighter charge, while remaining under judicial supervision to ensure the accountability of the legal process. Emilwan asserted that this policy represents the state’s presence in providing more humane, effective, and responsive legal services to the community’s needs. ‘The law does not only function to punish, but also to correct, restore, and provide legal certainty for all parties involved,’ he said. He added that the West Kalimantan High Prosecutor’s Office is committed to delivering modern law enforcement by balancing firmness with humanitarian values.