Pengawasan Pelaksanaan Kesepakatan Mediasi Penal Dalam Penerapan Restorative Justice Pada Tahapan Penyidikan

Abstract

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.

Compensation (“Ganti Rugi”): Regulatory Laws and Their Problems in Diversion, Restorative Justice, and Restitution Verdicts in Indonesia

“…According to police regulations, criminal cases that are unsuitable for Restorative Justice include state security issues, corruption, and crimes against human life. [21] Resolving criminal cases through Restorative Justice is typically conducted using penal mediation. "ganti rugi" within this mechanism is deeply intertwined with private dimensions, making penal mediation restitution-oriented.…”

“…However, it should be noted that not all police jurisdictions adopt the same policy, as evidenced in several other studies which found instances of reconciliations not being resolved in immediate lump-sum payments. [21] This underscores the absence of a uniform mechanism guaranteeing the execution of "ganti rugi" in both diversion and Restorative Justice frameworks. Consequently, this results in disparate policies adopted by different institutions, perpetuating the potential risk of default in "ganti rugi" payments.…”

The Role of Law Enforcement in Case Resolution Through Restorative Justice

“…If this happens to the losing party in court, then he or she will seek "justice" at a higher judicial level even up to the cassation level, causing cases to enter the courts to accelerate and cause a buildup of cases in the courts. [2] The settlement of criminal cases in restorative justice can bring together both parties to the case and involve both parties in reaching a mutually beneficial agreement so that the case does not have to go to court proceedings and a judge's decision that can cause resentment for the party sentenced by the judge. Restorative justice is basically a peaceful process that involves as far as possible those who have a role in a particular criminal offense and are collectively identified as suffering losses, and at the same time have needs and obligations with the intention of restoring them as much as possible and treating them as well as possible.…”