Penerapan Mediasi Penal Dalam Penanganan Kasus Tindak Pidana Di Wilayah Hukum Kepolisian Sektor Bantan Kabupaten Bengkalis

Siti Zuleha, Dessy Artina, Ferawati Ferawati

Abstract


Penal mediation is one form of dispute resolution outside the judiciary (non litigation) with the help
of other people or third parties who are neutral and do not take sides with either party. There are several
legal bases for the application of penal mediation in Indonesia, namely: National Police Letter of the
Republic of Indonesia No Pol: B / 3022 / XXI / 2009 / SDEOPS, December 14, 2009, Regarding Case
Handling Through Alternative Dispute Resolution (ADR), this letter becomes a reference for the Police to
settle criminal cases through the principle of deliberation and consensus, and respect for social / customary
legal norms and based on justice for the parties, if a case is still in the process of investigation and
investigation.
This research is sociological or empirical research, namely the type of research that uses community
assumptions in looking for facts that occur in the field to answer an existing problem. This research was
carried out in the Riau High Prosecutor's jurisdiction. While the population and sample are parties related
to the problems examined in this study, the data sources used, primary data, secondary data, and tertiary
data. The technique of collecting data in this study was through interviews and literature review.
From the results of the research the authors concluded, the first Settlement of a criminal offense in
the Bantan Sector Police of Bengkalis Regency still uses deliberations between victims and perpetrators
attended by people in the village to reach a decision based on the provisions set by the people In the village,
if the reasoning mediation process is carried out, the investigation process in the police of the bus sector is
stopped and will not proceed to the Court. Second, the reasons for the police officers to carry out criminal
mediation in criminal cases include because in general the perpetrators or the families of the perpetrators
ask the investigators that the case is not processed further, the perpetrators / families of the perpetrators
generally provide compensation to the victims, so that this is an effort take the victim's heart so as not to sue
further.
Keywords: Penal Mediation - Case Handling - Crime.


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