MEDIASI SEBAGAI BENTUK PENYELESAIAN PERKARA PIDANA

Abstract

Criminal Justice Enforcement which is currently done by the government is considered unsatisfactory by both perpetrators and victims of crime. The losses that victims of crimes experienced have not been compensated. Meanwhile, the sanction provided for the criminal is sometimes unfair. This study is done through normative research method, which focuses on the study of documents, using conceptual approach. The analysis is conducted by the legal dogmatic method. The result of this study shows that based on the point of view of the Police, Public Prosecutors, Advocates, and Judges, the out of court crime settlements are acknowledged in the criminal cases settlement. The out of court crime settlements are mostly done by the police using discretion approach. Public Prosecutors rarely do the discretion on the basis of out of court settlements related to the existence of an agreement between the perpetrators and victims of crime; even if there is a settlement, the letter of the peace agreement will be attached to the case files and becomes the basis for considerations to decrease prosecution. The judges in court, like prosecutors, use the out of court crime settlement only as an excuse to decrease the imposition of the crime if the perpetrator is found guilty and could be responsible for a crime he did. For criminal mediation can be applied in the criminal justice system in Indonesia, arrangements in legislation are necessary, as the legal basis.