Mediasi Penal di Indonesia: Keadilan, Kemanfaatan, dan Kepastian Hukumnya

Usman, Usman and Andi, Najemi (2018) Mediasi Penal di Indonesia: Keadilan, Kemanfaatan, dan Kepastian Hukumnya. Undang Jurnal Hukum, 1 (1). pp. 66-83. ISSN ISSN 2598-7933

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Abstract

The settlement of criminal cases outside the court through mediation is a common phenomenon occurring in various regions of Indonesia. Penal mediation is done with the assumption that it can meet the justice and expediency, but what if viewed from the aspect of legality and legal certainty. This study aims to evaluate the settlement arrangement of penal proceeding through penal mediation and analyze the values of justice, benefit and legal certainty in the settlement of criminal case through penal mediation. The study was conducted using normative/doctrinal legal research methods. This article concludes: 1) Settlement arrangement of criminal penalty through penal mediation is still limited to criminal case conducted by child. Although there are some provisions that provide for possible settlement of criminal cases outside the court, but not yet a penal mediation. Because it has not strictly regulated the mediation between the perpetrator and the victim, especially regarding the provision of compensation or compensation which is a means of diversion for the termination of prosecution and the imposition of a criminal. 2) The settlement of criminal cases through penal mediation can meet the values of justice and benefit, but the limited regulation of penal mediation, the settlement of criminal cases through penal mediation is less reflect the value of legal certainty. Keywords: penal mediation; settlement of criminal cases; justice; utilization; legal certainty

Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Najemi
Date Deposited:	24 Mar 2021 02:02
Last Modified:	24 Mar 2021 02:02
URI:	https://repository.unja.ac.id/id/eprint/17480

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