Penal Mediation as an Alternative to Criminal Case Resolution

By Redaksi Literasi Hukum Indonesia

07 Apr 2023 00:00 WIB 07 April 2023 00:00 WIB 5 minutes reading time: 5 minutes 68 read

Updated: 12 Feb 2024 14:13 WIB 12 February 2024 14:13 WIB

Legal Literacy - This article discusses penal mediation as an alternative to criminal case resolution in Indonesia. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA...

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Table of Contents

Basic Ideas Underlying the Urgency of Penal Mediation as an Alternative to Resolving Criminal Cases
1. Conflict Handling (Conflict Handling)
2. Process OrientationPenal mediation is more oriented towards the quality of the process than the results obtained, namely making the perpetrators of criminal acts aware of their mistakes, the needs of the conflict are resolved, and the victim's peace of mind from fear.)
Penal mediation is an informal, non-bureaucratic process, which avoids strict legal procedures.4. Active and Autonomous Participation)
criminal law, but rather as subjects who have personal responsibility and the ability to act. In this case, the parties are expected to act of their own volition.)
The Juvenile Criminal Justice System Law (UU SPPA) clearly affirms the existence of a penal mediation model practice, which appears in the general provisions of the UU SPPA with the term restorative justice or diversion, the essence of which is the implementation of mediation. In general, penal mediation is a legal breakthrough in the context of criminal law reform which is closely related to the restorative justice approach. The settlement approach is not only based on retaliation efforts but focuses on the interests of victims and perpetrators of criminal acts that have been committed. Differences in Non-Litigation Resolution between Civil and Criminal Cases
is defined as the settlement of disputes between parties through meetings mediated by a mediator, who is neutral and impartial, and agreed upon by both parties.
Solusi Dalam Rangka Penyempurnaan UU SPPA

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Legal Literacy- This article discusses penal mediation as an alternative to resolving criminal cases in Indonesia. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) affirms the practice of the penal mediation model in restorative justice provisions. Penal mediation is more oriented towards the process and active and autonomous participation of the parties. Mediation in civil and criminal cases has differences, where mediation in criminal cases is more complex and involves more parties. Solutions in order to improve the UU SPPA need to be considered by being oriented towards the values that exist in Indonesian society and other countries.

In Indonesian Positive Criminal Law, penal media is manifested in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA).

Basic Ideas Underlying the Urgency of Penal Mediation as an Alternative to Resolving Criminal Cases

Penal mediation is developed on the basis of working principles which include:

1. Conflict Handling (Conflict Handling)

The mediator has a duty to make the parties forget the legal framework and encourage them to be involved in the communication process. This is based on the idea that crime has caused interpersonal conflict. That conflict is the target of the mediation process.