Sleman – detikperistiwa.co.id
The decision by Sleman Police to name Hogi Minaya, 44, as a suspect in a robbery-related incident that resulted in the death of the perpetrator has drawn renewed criticism from civil society groups.
Arizal Mahdi, chairman of Relawan Peduli Rakyat Lintas Batas, said the move reflected a serious misinterpretation of core principles of criminal law, particularly those governing self-defence and the protection of crime victims.
He said the incident began with a robbery against Minaya’s wife, a fact he argued should remain central to any legal assessment. In situations involving immediate threat and psychological distress, he added, spontaneous reactions cannot be separated from the instinct to protect one’s family.
“This is not about justifying violence, but about legal justice,” Arizal said on Tuesday. “When a crime victim who reacts spontaneously to protect his family is criminalised, law enforcement risks departing from its substantive purpose.”
Arizal criticised what he described as a rigid application of the concept of noodweer exces by Sleman Police, saying it failed to take into account the psychological condition of the victim at the time of the incident.
Under criminal law doctrine, he said, self-defence should be assessed based on the concrete circumstances in which an act occurs, including fear, panic and the perception of ongoing threat, rather than solely on its final outcome.
“Criminal law is not merely a collection of statutes,” he said. “It has moral, sociological and psychological dimensions. Ignoring those dimensions leads to mechanical interpretations that can undermine public confidence in justice.”
He added that the handling of the case gave the impression authorities were focusing narrowly on legal consequences without adequately considering the position of the original victim of the crime. Such an approach, he warned, could set a precedent that discourages citizens from protecting themselves or their families.
“If the public message becomes ‘do not resist crime because you may be prosecuted’, the state risks creating a new climate of fear in public spaces,” Arizal said.
Responding to claims that police had pursued restorative justice, Arizal said the approach remained procedural rather than substantive, noting that despite reported forgiveness between the parties, Minaya’s suspect status and restrictions on his liberty remained in place.
“Restorative justice must go beyond formality,” he said. “If recovery does not genuinely occur and the victim continues to face criminalisation, the concept loses its meaning.”
Relawan Peduli Rakyat Lintas Batas has called on law enforcement authorities to conduct a transparent and comprehensive review of the case. Arizal said law enforcement should aim not only for formal legal certainty but also for substantive justice and public trust.
“This case is a test of the moral conscience of law enforcement,” he said. “Authorities must be willing to correct themselves so that the law truly serves to protect the public.”
The comments reflect the views of a civil society organisation as part of public oversight of law enforcement. This outlet remains open to a right of reply from Sleman Police or other relevant authorities.
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