Assessing the Non-Judicial Criminal Case Settlement: A Comparative Approach

Abstract

The abandonment of daily standards of conduct as abuse of authority for self-interest becomes something that violates the behavior of bureaucrats in development. Recently, the person is allergic to hear the term development whereas it contains a positive change. Type of the research is a normative legal research. The results of the research show that the role of judges in in legal discoveries to realize a justice is very required, given the legislation that cannot accommodate all contemporary legal issues. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The weaknesses of these legislation require a concept of legal discovery by the judge even though in certain cases is limited to justice. This study concludes that the basis of thinking of penal policy for developing a non-judicial criminal case settlement mechanism is to bring about justice through the simplification of the criminal justice system and the application of the expediency principle. It is different from the Indonesian criminal justice system because it is very inefficient, not in accordance with the fast, simple, and low cost of legal principles. This study suggests a solution that is the simplification of the criminal justice system and the application of the expediency principle, namely requiring public prosecutors to highly consider the public interest in determining to implement a non-judicial criminal case settlement mechanism so that law enforcement resources become more focused on handling more serious cases.

Keywords: Criminal Law; Criminal Justice System; Judge; Law Enforcement

DOI: 10.7176/JLPG/81-13