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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Section 3/3: is defined as the settlement of disputes between parties through meetings mediat…

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.

Meanwhile, in criminal cases, the mediation in question is more about a person's freedom and life, and only certain cases and certain stages can be resolved through non-litigation or mediation. The parties involved are more complex, not only the perpetrators, victims, but also public prosecutors, and the wider community. Mediation in law criminal can be interpreted as the process of resolving cases criminal by bringing together the perpetrators of the crime with the victims to reach a joint agreement regarding the crime committed by the perpetrator and the restitution given to the victim. The meeting between the parties is mediated by a mediator from law enforcement officials, the government, non-governmental organizations, or community leaders.

Solutions in Order to Improve the UU SPPA pidana dapat diartikan sebagai proses penyelesaian perkara pidana dengan mempertemukan pelaku kejahatan dengan korban untuk mencapai kesepakatan bersama berkaitan dengan kejahatan yang dilakukan pelaku dan restitusi yang diberikan kepada korban. Pertemuan antara para pihak diperantarai oleh seorang mediator berasal dari aparat penegak hukum, pemerintah, lembaga swadaya masyarakat, maupun tokoh masyarakat.

Solusi Dalam Rangka Penyempurnaan UU SPPA

Every policy in the effort of penal mediation, as an alternative to resolving criminal cases outside of court,, must be considered as a value and the renewal of criminal law is expected to be oriented towards an approach to values that live in Indonesian society and other countries. Because this is important to use as a reference in the renewal of Indonesian national criminal law. Thus, the provisions for diversion or penal mediation should be pursued at the investigation stage or process, and if a diversion agreement can be reached, the result should not be a stipulation that is a legal product and has legal consequences, but rather a simple agreement. This can be done by revising Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.