Inauguration Prof.Dr. ST Burhanuddin As Professor
[unsoed.ac.id, Fri, 10/09/21] Universitas Jenderal Soedirman / UNSOED inaugurates Attorney General Dr.ST.Burhanuddin SH.,MH as Professor in the field of restorative justice , Friday (10/9). Dr. ST. Burhanuddin has been teaching as an Extraordinary Lecturer at the Faculty of Law, Jenderal Sudirman University. Attorney General Prof.Dr. ST Burhanuddin also has thoughts and a track record in law enforcement by prioritizing restorative justice. The inauguration took place at the UNSOED Graha Widyatama Auditorium and took place offline and online.
In his scientific oration Prof.Dr.ST.Burhanuddin SH.,MH delivered "Law Based on Conscience (A Law Enforcement Policy Based on Restorative Justice)".He said that moving from the practical level, we cannot deny that current law still prioritizes aspects of legal certainty and formal legality, rather than legal justice which is more substantial for the community. Most people also still view that the law is like a knife that is sharp downwards, but blunt upwards. "Many people have finally questioned where is the "Conscience" of law enforcement officers, who have the heart to punish small people and the elderly for their mistakes that are seen as not too serious? Do all criminal acts have to end in prison? And is there still justice for the little people? It is these anxieties that need to be reviewed more deeply how a legal goal can be achieved appropriately in balancing the explicit and implied laws,” said the Attorney General.
He uses the opinion of Gustav Radbruch, that the purpose of law consists of 3 (three) things, namely justice, expediency, and legal certainty. In realizing the purpose of the law, Gustav Radbruch stated, “it is necessary to apply the priority principle of 3 (three) basic values which are the objectives of the law. “Justice is the main goal of law, but it does not mean that other legal goals, namely certainty and benefit, are marginalized. When legal justice, legal benefits, and legal certainty mutually negate each other, Conscience becomes a bridge to reach the point of balance. Conscience is not the goal of law, but rather a catalytic instrument to embrace, unite, and realize the three goals of the law at once”, he explained.
There are 3 (three) approaches to how each legal objective is within the Conscience Frame: First, Legal Justice in the Conscience Frame, Second, Legal Benefits in the Conscience Frame, and Third, Legal Certainty in the Conscience Frame. "To realize true legal justice and to humanize humans before the law, the application of Law Based on Conscience is a necessity in the Indonesian criminal justice system," he explained.
Furthermore, Prof.Dr.ST.Burhanuddin SH.,MH said that the Prosecutor's Regulation on Restorative Justice was born to solve the deadlock or void of material law and formal law which has not regulated the settlement of cases using a restorative justice approach. Until now, the concept of restorative justice based on statutory regulations only has 2 (two) namely: Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which is only intended for child perpetrators; and the Prosecutor's Regulation on Restorative Justice, which is intended for adult offenders. The philosophy of the Prosecutor's Regulation on Restorative Justice is to protect the underprivileged. The essence of Restorative Justice is "recovery".
Based on the evaluation results since the implementation of the Prosecutor's Regulation on Restorative Justice until August 1, 2021, there were as many as 304 (three hundred and four) cases that were successfully terminated based on restorative justice. The crimes that are mostly resolved with a restorative justice approach are crimes of persecution, theft, and traffic. There are 5 (five) principles contained in the Prosecutor's Regulation on Restorative Justice, namely: justice, public interest, proportionality, criminal as a last resort, as well as fast, simple, and low cost.
Ending his speech Prof.Dr.ST.Burhanuddin SH.,MH emphasized that Law based on Conscience will be able to achieve and realize justice, benefit, and legal certainty simultaneously without any negation.
The Rector of UNSOED, Prof.Dr.Ir SUwarto, MS in his speech said that the Professor's title was entrusted to Prof.Dr. ST Burhanudin by the Government of the Republic of Indonesia in the Field of Restorative Justice Science at Jenderal Sudirman University is an honor in itself. "The thoughts of Prof. Dr. ST Burhanudin on Law Based on Conscience: Law Enforcement Policy Based on Restorative Justice, essentially presenting the meaning of law as an instrument that provides protection, benefit and a sense of justice in society," he explained. This will certainly strengthen the legal and justice system as an integral part in realizing the quality of life in society, nation and state.
The Rector said that putting forward the aspect of conscience, actually has a philosophical power value that ignites us as academics to always produce ideas and works by always considering the meaning and human values.
Present were the Rector of UNSOED and his staff, the Chief Justice of the Supreme Court, the Deputy Chairperson of the Supervision of the Supreme Court of the Republic of Indonesia, the Chairman of the Indonesian Prosecutor's Commission, the Chairman of the Pasundan Association, the Regent of Banyumas, the Chairman of the Banyumas and Purwokerto District Courts, the Chief of the Banyumas Resort Police, the Commander of the Military Resort 071 Wijayakusuma, the Commander Military District 0701 Banyumas, Deputy Attorney General of the Republic of Indonesia, Deputy Attorney Generals and Heads of the Education and Training Agency, Head of High Prosecutor's Office, Head of District Attorney's Office, and Head of Branch Offices of State Prosecutors throughout Indonesia, All Adhyaksa Personnel throughout Indonesia, as well as invited guests.