MEDIASI PENAL DALAM PROSES PENYELESAIAN PERKARA PIDANA PADA TINGKAT PENYIDIKAN

Abstract

Penal mediation is a peace endeavor undertaken by perpetrators and victims, as well as other parties concerned. Penal mediation is sometimes known as non-litigation or alternative dispute resolution (APS) outside of court. Mediation was previously exclusively known in the civil domain, but with the move in the criminal law system to restorative justice, criminal cases classed as moderate will be steered for resolution by non-litigation channels or APS through penal mediation. All criminal law enforcement officers take part in carrying out the penal mediation. Particularly at police departments, where the officers are the first point of contact for any current criminal cases. In penal mediation, a mutually beneficial agreement is sought for the case at hand, where the victim's rights are not overlooked and the offender is not simply let free, making the work of law enforcement officials easier and more efficient. The study was conducted utilizing a normative juridical approach methodology, the research was descriptive in traits, data processing was done by editing, and data analysis was accomplished through qualitative analysis. The study concludes that the police and other law enforcement agencies have made it simple to resolve cases through penal mediation without having to attend trials, and even if the case has gone through the trial process if there has been peace, the perpetrator is free of all lawsuits. However, only small crimes with complaint offenses are eligible for penal mediation.