Philosophy and Juridical Bases of Penal Mediation Implementation In The Criminal Justice System In Indonesia

Abstract

Penal Mediation as a pattern of settlement of criminal cases in the criminal justice system in Indonesia is a progressive thinking based on restorative, corrective and rehabilitative paradigms in the penal reform, if it is associated with pragmatic issues in the field such as mass cases accumulation ranging from court in the first level to the Supreme Court, even it is frequently happened for relative small problems coming to the extraordinary legal effort/judicial review. Those problems implicate to the over capacity of places of detention ranging from police detention center, prosecutors and penitentiary. It does not only affect the high cost issue, but also the sociological and psychological problems of guidance, alternative of criminal case settlement with penal mediation either through mediation outside the court or mediation within the framework of the criminal justice system (starting from the preliminary investigation, investigation, prosecution and examination in the hearing) is a necessity that must be done as one way to solve the problems of law enforcement in solving the case and also as a precaution to simplify the settlement of criminal case so that in the implementation, the basic values of philosophy need to be explored; whether the penal mediation and its positive legal basis fulfilling the formal legal requirements of a criminal justice system can be implemented, and can be used as a reference in the policy of penal reform in the future.

Keywords: Penal Mediation, Criminal Case, Judiciary, Law Enforcement, Philosophy.