Penal Mediation as Alternative in Criminal Case Settlement for Business Activities in Consumer Protection

Abstract

The criminal act of operators in the Protection of the provisions of Article 62 paragraph (1) and Article 62 paragraph (2) of the Law on Consumer Protection. Within these provisions there are some criminal acts businesses that may or may do mediation penal, which would be more efficiently resolved by mediation penal, for the sake of justice, but has not been regulated in the act, nor yet regulated mechanism of mediation penal as settlement out of court.Based on these problems, this dissertation research aims to answer the problems are : (1) how the formulation of norms of criminal acts entrepreneurs in the field of consumer protection with the use of mediation and the penal ?, (2) how the formulation of mechanisms of penal mediation in the settlement of the criminal case for businesses in the area consumer protection.This research is a normative law research (legal research), that  research with examine and analyze the legislation, legal principles, systematic law, synchronizing the legal vertical and horinsontal, comparative law and legal history, which relates to the use of mediation penal particularly with regard to the crime of entrepreneurs in the field of consumer protection.The results of the research in this dissertation research is that there is a change in the provisions of Article 62 (1) and paragraph (2), and adds one paragraph in Article 62 that paragraph (4), that the mediation penal can be used in the offenses referred to in Article 12, Article 13, Article 14 and Article 16 of the consumer protection Act, as well as outlining the mechanism of implementation of penal mediation in the settlement of the criminal case for businesses in the field of consumer protection by providing additional on the elucidation of Article 45 of of the Law on Consumer Protection.

Keywords: penal mediation, protection, consumer