KEBIJAKAN MEDIASI PENAL SEBAGAI ALTERNATIF PENYELESAIAN PERKARA PIDANA PADA PENGADILAN ANAK
| Main Author: | Sofriani, Yunita |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | ind |
| Terbitan: |
, 2015
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/11332/1/KEBIJAKAN%20MEDIASI%20PENAL%20SEBAGAI%20ALTERNATIF%20%20PENYELESAIAN%20PERKARA%20PIDANA%20PADA%20PENGADILAN%20ANAK.DOC..PDF https://eprints.untirta.ac.id/11332/ |
Daftar Isi:
- That penal mediation, in criminal cases, not explicitly regulated as in the civil procedure law, which requires the judge, to find a peaceful settlement, before checking the principal case, but in practice, it often happens attempt an amicable settlement between the victim and the perpetrator, but it is very limited in those cases, or other criminal qualifications, which still can be reconciled, as an example in the crime of negligence (culpa offense) and others. Then, in its development, with the juvenile criminal justice system, penal mediation is specifically regulated through the Diversion, with Law No. 11 of 2012 on Child Criminal Justice System. In the resolution of criminal offenses children, will involve a criminal, as well as children who are victims and their families, and other parties involved in the case according to his needs. They mentioned above jointly find the fairest solution, to restore it to its original state. Children in the Criminal Justice System, compulsory cultivated Diversion, and the peaceful settlement transferred out of court. In Article 6 of the Law on Criminal Justice System Child, Diversion aims to achieve peace between the victim and the children try to resolve outside the court process to avoid deprivation of children’s liberty , even the participation of people who feel the need to take responsibility for the child's future. Diversion shall be done at the stage of investigation , prosecution and judiciary , and itis only carried out against criminal offenses with a maximum penalty of 7 years in prison , and the child is not a repetition of criminal acts or recidivists. This study uses normative juridical and juridical Sociological methods. That addition to the approach of legislation and case-based approach, this study also uses primary data or field data as supporting secondary data to examine the correlation between symptoms or variable as a means of collecting data which consists of the study of documents, observation, and interviews. And the results showed that the application of the results of mediation penal policy as one of the good effort in the criminal settlement of children, as an example of a criminal offense, in violation of the Child Protection Act, the criminal threat, a maximum of 15 years, or more than 7 (seven) years, In this case, the business diversion and Restorative justice, another settlement resolved through discretion, as the business principle of completion according to the wisdom that is a diversion from the formal justice process, to be completed by consensus (peace). And in this case even though mediation penalnya still do/run, non-penal mediation in the form of consultations carried out outside the court can still be made, as a result of deliberation/non-penal peace agreement has become one of the conditions on which the judge considered that could affect the severity of the imposition criminal