CONSTRUCTION OF CRIMINAL SETTLEMENT LAW THROUGH PENAL MEDIATION IN PERSPECTIVE RESTORATIVE JUSTICE

Umar Husin (), Setiawan Noerdajasakti (), Nurini Aprilianda () and Moh. Fadli ()
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Umar Husin: Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Setiawan Noerdajasakti: Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Nurini Aprilianda: Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Moh. Fadli: Faculty of Law, Brawijaya University, Malang, East Java, Indonesia

Perspectives of Law and Public Administration, 2020, vol. 9, issue 2, 326-334

Abstract: Restorative justice is a preventive response to understanding crime in a social context. It is a challenge to unearth the roots of offence and crime to be able to break the cycle. This restorative justice is based on the assumption that the crime originated in a social situation and recognizes that the perpetrator of the crime has also been injured. Therefore, the community must take over the responsibility to improve the condition that has triggered the onset of evil and also work to cure it. International developments in the concept of criminal justice and procedures for handling criminal cases in several countries have been known penal mediation (penal mediation, mediation penal, mediation in criminal matters, Victim - Offender Mediation) which is part of the criminal justice system. Mediation, previously known only in civil law, has been frequently used in some countries to resolve criminal cases. Penal mediation is a manifestation of the concept of restorative justice, which seeks to restore the rights of victims. Thus, restorative justice is based on holistic philosophy. The application of holistic thinking can help strengthen the capacity of the existing justice system. The main challenge in its application in the modern world is how to promote community participation, and at the same time protect the rights and interests of victims and perpetrators who commit offenders. This legal research is normative juridical research, through statute approach, conceptual approach, so that it can get a comprehensive understanding of the construction of criminal case resolution law through penal mediation in the perspective of Restorative Justice.

Keywords: construction law; restorative justice; penal mediation; criminal law (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2020
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