About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 J.L. Pol'y & Globalization 8 (2014)
The Reconstruction of Penal Mediation Model in the Settlement of Criminal Case with Civil-Law Agreement Aspect in Indonesian Criminal Justice System

handle is hein.journals/jawpglob21 and id is 8 raw text is: Journal of Law, Policy and Globalization wwwxiiste og ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.21, 2014 IIE The Reconstruction Of Penal Mediation Model In The Settlement Of Criminal Case With Civil-Law Agreement Aspect In Indonesian Criminal Justice System Ahmad Syaufi' , Koesno Adi2, Masruchin Ruba'i3, Prija Djatmika4 1. Doctorate Candidate at Law, Faculty Of Law, Brawijaya University, Malang and Lecturer at Faculty of Law, Lambung Mangkurat University, Banjarmasin. 2. Proffesor of Penal Law and Promotor, Faculty Of Law, Brawijaya University, Malang. 3. Proffesor of Penal Lawv and Co-Promotor, Faculty Of Law, Brawijaya University, Malang. 4. Lecturer at Doctorate Law Studies Program and Co-Promotor, Faculty Of Law, Brawijaya University, Malang. *E-mail of the corresponding author: asvaufi @ahoo.co.id Abstract The Indonesian criminal justice system based on the Code of Criminal Procedure (KUHAP) has reduced or even eliminated the important role of individual in the settement of criminal case with civil-law agreement aspect. The search for justice in criminal case with civil-law agreement aspect fully relies on the ability of the integrated system built by the police, judge and penal institution. On the other hand, the result of the effort done outside the court, such as the results of the negotiation and peaceful settlement, do not have the legal power to be used as the consideration for trial process. The settlement of the criminal case with civil-law agreement aspect through the criminal justice process always ends in the situation of lost-lost or win-lost. Therefore, it is necessary to create an alternative concept for the settlement of criminal case with civil-law agreement aspect through penal mediation in order to make win-win solution. In order to develop and reform the Indonesian criminal law, it is necessary to carry out a research into the ideal reconstruction of penal mediation model as an alternative of the settlement of the criminal case with civil-law agreement aspect in the future criminal justice system of Indonesia. According to the result of research and analysis, the reconstruction of penal mediation process as an alternative for the settlement of criminal case with civil-law agreement aspect in the future Indonesian criminal justice system is to develop the model of criminal case settlement which can be done by offering two alternatives: criminal justice process or penal mediation. The mechanism of the settlement through the penal mediation can be done through the settlement pattern using the adat law or national law. The settlement of criminal case with civil- law agreement aspect through penal mediation by using the mechanism of adat law is aimed at preserving and acknowledging the existing adat law in Indonesia. Keywords: Reconstruction, Penal Mediation, Criminal case with Civil-Law Agreement Aspect, Criminal Justice System 1. Introduction The essence of the national development is the development aimed at producing the true Indonesians and all Indonesians in order to realize justice, prosperity and peaceful Indonesian community in material and spiritual sense based on the Pancasila principles and the 1945 Constitution. One program in the national development is known as the law reform. The reform of the national laws is carried out thoroughly and integratively, including both private and civil law. The development also covers the material law and the formal one. The enforcement of criminal law is essentially a part of criminal policy and the latter is actually a part of social policy. That policy is further implemented in criminal justice system. According to Muladi, the criminal justice system has double functional-dimensions. At one side, the system functions as the public facility to prevent and control crime at a certain level (crime containment system). At the other side, criminal justice system also functions as secondary prevention aiming at preventing crime among the former criminal and those having intention to commit crime. These containment and prevention are carried out through detection process, sentencing and the penal execution (Muladi, 1995). Criminal law is often used to settle social problem, especially crime prevention. That practice is in line with the function of law as a tool of social control as previously planned process and aimed at suggesting, asking, ordering or even forcing the members of the community to obey legal norms and existing rules of law (Soemitro, 1984).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most