Contributor : Novia Safrina S.H
Review : Noverizky Tri Putra, S.H, L.LM (adv)
Fahrozi Putra, S.H
On November 2018, AM Oktarina Counsellors at Law was appointed by the Embassy of the Kingdom of Saudi Arabia (“Embassy“) to release a Saudi Arabia citizen (“Client”) from the prison in Cirebon City Police Office for criminal accusation. To achieve the aforementioned purpose, we have given the right and full authority to become the lawyers and advocate of the Embassy. The case was based on a very strong evidence from the police and the victim, it was impossible at the beginning to settle it, however since we took a different approach, the case was settle amicably.
The complexity of the case has brought up a very strong attention from the Embassy. The Embassy had a different view for the case, based on the Embassy perception the case was lack of evidence. However, the police provided a contrary information against that perception. Amidst of such perspective, we as the lawyers and advocate of the Embassy had have decided to change the strategy from release the Client either through suspension of detention (penangguhan penahanan) or through the peace agreement (perjanjian perdamaian).
After a very long negotiation with the victim, we able to reach the situation where benefits both party. The condition must be uphold through the peace agreement between the victim and the Client that was focus on the release of the Client detention and providing compensation payment to the victim and cause the victim to release and revoke the criminal accusation against the Client.
As Abraham Lincoln once said, “A good settlement is better than a good lawsuit.” We have taken his admonition to be one of our mission to resolve the case at hand, and therefore the case was concluded to be in favor for the Client.
The goal of mediation is to end the dispute and no mediation should ever be undertaken unless both the lawyer and the Client are prepared to make a reasonable compromise. By having a good command of both the facts and the law, we have demonstrated that we are negotiating from a position of strength and through our willingness to compromise, we are succeeded in achieving a good settlement.
With the signing of the peace agreement, the criminal case committed by our Client was officially revoked and completed.