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.)
3. Informal Proceeding
Penal mediation is an informal, non-bureaucratic process, which avoids strict legal procedures.4. Active and Autonomous Participation)
The parties, namely the perpetrators and victims, are not seen as objects of procedure
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.)
Concept Restorative Justicein the Provisions of the UU SPPA
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
In civil cases, mediation is generally used for cases relating to money matters and can be carried out at every stage of the examination, all types of cases, and every time before the trial the Judge must offer mediation efforts between the parties. The parties involved are usually directly the parties in dispute or the interested second party. Mediation in
civil law
Write a comment