Penal Mediation As An Alternative For The Settlement Of Criminal Case Containing Civil Law Aspect In The Indonesian Criminal Justice System

Abstract

It is a common phenomenon in the community that there are legal bindings which seem to have the characteristics of civil law (individual contract), but  they actually indicate the characteristics of criminal conducts. This is because the contracts are only used as covers for crimes, such as falsification of documents, embezzlement and fraud. If such a case is processed in the criminal trial, the ending will be a situation with the characteristics of ”lost-lost” or ”win-lost”. Therefore  an alternative concept is needed to settle criminal casescontaining civil-law aspect through penal mediation in order to reach win-win solution. In relation with the development and renewal of the Indonesian Criminal Law, it is necessary to conduct a study whether or not penal mediation can be the alternative for the settlement of criminal case containing civil-law aspect in the Indonesian criminal justice system.

According to the result of the research and the analysis, penal mediation can be applied as the alternative for the settlement of criminal case with civil-law aspect in the Indonesian  Criminal Justice System because : (a) penal mediation will reduce the burden of the criminal justice system and this, in turn, will bring about positive impact to the quick trial process, simple and low-cost trial;  (b) penal mediation is an alternative for the settlement of criminal cases with civil-law aspect that can actively involve the victims and such an alternative  has an autonomous characteristic giving the best solution for the victim, especially related to the type, form and method of compensation; (c) penal mediation can give chances for the perpetrators to make amend for their gulits as a form of responsibility and free the perpetrators from their guilty feelings.

Keywords: Penal Mediation, Criminal case with Civil Law Aspect, Criminal Justice System