The Reconstruction Of Penal Mediation Model In The Settlement Of Criminal Case With Civil-Law Agreement Aspect In Indonesian Criminal Justice System

Abstract

The Indonesian criminal justice system based on the Code of Criminal Procedure (KUHAP) has reduced or even eliminated the important role of individual in the settement of criminal case with civil-law agreement aspect.  The search for justice in criminal case with civil-law agreement aspect fully relies on the ability of the integrated system built by the police, judge and penal institution. On the other hand, the result of the effort done outside the court, such as the results of the negotiation and peaceful settlement, do not have the legal power to be used as the consideration for trial process.  The settlement of the criminal case with civil-law agreement aspect through the criminal justice process always ends in the situation of “lost-lost” or “win-lost”. Therefore, it is necessary to create an alternative concept for the settlement of criminal case with civil-law agreement aspect through penal mediation in order to make win-win solution. In order to develop and reform the Indonesian criminal law, it is necessary to carry out a research into the ideal reconstruction of penal mediation model as an alternative of the settlement of the criminal case with civil-law agreement aspect in the future criminal justice system of Indonesia.

According to the result of research and analysis, the reconstruction of penal mediation process as an alternative for the settlement of criminal case with civil-law agreement aspect in the future Indonesian criminal justice system is to develop the model of criminal case settlement which can be done by offering two alternatives: criminal justice process or penal mediation. The mechanism of the settlement through the penal mediation can be done through the settlement pattern using the adat law or national law. The settlement of criminal case with civil-law agreement aspect through penal mediation by using the mechanism of adat law is aimed at preserving and acknowledging the existing adat law in Indonesia.

Keywords: Reconstruction,  Penal Mediation, Criminal case with Civil-Law Agreement Aspect,  Criminal

Justice System