Penal Mediation in the Theory and Practice in Indonesia

Abstract

Mediation is the process of problem-solving negotiations, where impartial parties cooperate with disputants to seek mutual agreement. Penal Mediation is an alternative to the settlement of criminal cases outside the court. In the settlement of criminal cases if through the courts are usually always a criminal punishment by the judge against the perpetrators, this is philosophically sometimes not satisfy all parties, therefore it is necessary for the thought of settling criminal cases through the Alternative Dispute Resolution line with the intention to be able to resolve the conflict between the perpetrator and the victim. Penal mediation does not yet have a legal basis in Indonesia’s criminal justice system. There are only a few implied rules, which open up the possibility of mediation. Not penal mediation specific. In general, it can be seen in the Law of the Republic of Indonesia Number 39 Year 1999 on Human Rights, Law Number 11 Year 2012 on Child Criminal Justice System. While operational, the rules on penal mediation can be seen in the Letter of the Chief of Police of the Republic of Indonesia Number B/3022/XII/2009/SDEOPS dated December 14, 2009, Regulation of the Chief of Police of the Republic of Indonesia Number 7 Year 2008 and Presidential Instruction of the Republic of Indonesia Number 8 Year 2002.

Keywords: penal mediation, theory, practice, Indonesia.