Nurfika Osman, Jakarta – There is something gravely wrong about a justice system that would let a 55-year-old housemaid languish in jail for stealing just a few plates and pieces of clothing, legal advocates said on Monday.

They were referring to the case of Rasminah Binti, from Ciputat, Banten, who has been detained at the Tangerang Women's Penitentiary for the past four months for allegedly stealing six small plates, clothes and oxtail soup from her employers. Her trial is ongoing.

"Our legal system is broken as it cannot see what real justice is," Nurkholis Hidayat, the director of Jakarta Legal Aid Institution, or LBH Jakarta, said.

"In developed countries, persons who conduct petty crimes such as stealing some items are not detained," Hidayat said. "They are not detained, but they are declared guilty, and that is enough."

Even Justice and Human Rights Minister Patrialis Akbar expressed his concern over the case because the woman was "too old" to be detained. "There should not be any detention as she is very old and the case is not serious," Patrialis said. "It is enough for her to be released on bail."

Patrialis said police should not be too eager to put a person behind bars in cases similar to that of Rasminah, particularly since the allegedly stolen items were not even taken out of the house.

"There should be an in-depth investigation before detaining a person," he said. He said these cases are better resolved through out-of-court settlements.

Meanwhile, Ridha Saleh, the deputy chairman of the National Human Rights Commission (Komnas HAM), said the government should do something about this case.

"Patrialis should be able to push law enforcers in the country to make mediation as a priority for a case which does not have a serious consequence," he said.

"The government can be seen as not serious in giving legal assistance and protection to the poor as she is old and comes from a low-income family," he added.

Ricky Gunawan, program director of Community Legal Aid Foundation, or LBH Masyarakat, said this case shows how insensitive law enforcers could be.

"They are insensitive to people who are ignorant of laws and are poor as this case can be settled out of the court," he said. "Education for police, prosecutors and judges should not only contain doctrines of law, but also the understanding of a 'sense of justice'."

[Additional reporting from Antara.]