Restorative justice in the investigation is carried out by using the penal mediation method which provides an opportunity for the Victim and the Perpetrator in a participatory way to formulate a peace agreement facilitated by the Investigator. Penal mediation comes from civil mediation with problems in the process of drafting an agreement which must be ensured that it comes purely from the Parties. This research is a socio legal research conducted at the Directorate of General Criminal Investigation of the Regional Police of Central Java and the Indonesian Advocates Association of the Semarang Branch of the Leadership Council with the methods of interviewing, observing, and reviewing case files. This research examines two problems: how the process of preparing a penal mediation agreement fits into the application of restorative justice at the investigation stage, and how to supervise the implementation of a penal mediation agreement at the investigation stage. The results of the study show that the penal mediation agreement was prepared by the Parties themselves, facilitated by the Investigator, but did not involve the community so that the orientation of returning to social harmonization was not felt.
The abuse of narcotics is now a common enemy that encourages the formation of various related regulations. However, on the implementation level, there are problems in deciding cases of narcotics abuse, especially related to the application of Article 127 of Law no. 35 of 2009 on Narcotics. This study aims to identify problems in deciding cases of narcotics abuse in order to identify the solution. The method used in this research is normative juridical. The results showed that there are two main issues that arise. First, the tendency of the Prosecutor to indict the abuser by Article 111 or 112 of Law no. 35 of 2009. Although there is currently a SEMA no. 3 of 2015, in which judges may violate the specific minimum criminal threats, the application of SEMA still creates a polemic. Secondly, the perspectives of prosecutors and judges who tend to convict drug abuse prisoners rather than ordered to rehabilitate them.
Environmental crime is one of the criminal acts that may lead to significant negative impact and/or damage to human sustainability. Therefore, in criminal law, criminal acts related to the environment needs to be specifically regulated. The regulation can exist outside or comes in different form from the Criminal Code. The application of the vicarious liability principle include but not limited to the subject of criminal acts and criminal liability. The study aim to analyze the primary reason for the application of the vicarious liability, whether the application of the vicarious liability is appropriate and the formulation of sanctions for perpetrators in environmental crime. The method used is normative juridical with descriptive specifications and qualitative analysis. The primary reason to apply the doctrine of vicarius liability so that not only individual person that can be a subject to criminal sanctions but also to include corporations, thus this doctrine appropriate to be applied in environmental crime. The formulation of the regulation that offer application of sanctions in law No. 32 of 2009 on protection and management of the environment is to apply the doctrines of strick liabilty with vicariuos liabilty simultaneously and doctrine of premum remidium so as to provide a deterrent effect for the perpetrators.
Social work penalty is a new type of penalty listed in the draft of KUHP. The purpose of te imposition of social work penalty for the perpetrators is to cause embarrassment for committing such crimes so that to establish a deterrent effect. The imposition of this sanction will reduce the stigmatization of imprisonment, so it is necessary to understand what the background and how the prospect as an alternative to imprisonment is. The method used to solved the problem is the normative juridical method, as well as the aim to be achieved are to contribute ideas to the development of criminal law. Social work penalty is not applied to all criminal acts which are punishable by imprisonment. In addition, the judges are also required to consider several matters, one of which is the defendant’s acknowledgement of a crime committed so that the perpetrators realized their mistake(s). If the judge are not careful on applying this punishment, then it is feared that there will he disparities which will harm the perpetrators. It is hoped that with the enactment of the new KUHP, social work penalty can be carried out according to its objectives.
Mediation is a method to solve cases by involving third parties, commonly used in civil law. The usage of mediation in criminal law, aims to make the perpetrators aware that their criminal act is wrong and to percieved that the victims need to be reinstated. Therefore it is important to understand what the background of the usage of mediation in criminal crime cases and how the prospect of mediation in the future is. The purpose of this paper is to know how penal mediation is seen from the perspective of criminal law, while the benefit is to contribute thoughts in terms of criminal law. The method used to solve the problem is juridical normative method and empirical method. Based on the results of the study, it is known that penal mediation which is basically undisclosed in the field of criminal law—practically has been used, thus the prospect of mediation will be widely used in the future. In several laws, the provisions of mediation are also registered. Penal mediation from the perspective of criminal law can be used as one of the means of settlement of criminal cases.
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