PENAL MEDITATION ON CRIMINAL JUSTICE SYSTEM IN INDONESIA

Abstract

Criminal law occupies a central position in the Criminal Justice System, namely to resolve conflicts that occur in order to protect and create public welfare. However, the current justice system is oriented towards criminals only. Therefore, this study aims to find out first: What is meant by penal mediation in the criminal justice system? and second: What types of cases can be resolved through penal mediation in the criminal justice system? The research uses normative research with a statutory approach. The results of the study conclude that it is possible to have penal mediation in the criminal justice system in Indonesia, this penal mediation is also regulated in the Draft Criminal Code and Draft Criminal Procedure Code, but in practice if penal mediation is applied it will face many challenges including: 1). Operational problems, such as lack of human resources, limited implementation time, etc., 2). Failure to Maintain Initial Goals. 3). Compensation, 4). Actors Accountability. However, not all criminal cases can be resolved through penal mediation. Cases resolved by penal mediation must be based on mature recommendations taking into account fairness, legal certainty and expediency.