Penal Mediation In Settlement Of Certain Criminal Actions Military Justice

Sjarif, Koerniawaty (2019) Penal Mediation In Settlement Of Certain Criminal Actions Military Justice. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

The criminal procedure in Indonesian Military Court often followed by claim of compensation by the victims of crime with the intention that the losses suffered by victims can be replaced. However the hopes of victims to get compensation often cannot be realized even their claim cause new problems. One of the causes of these problems is the criminal procedural of law in the Military Court which is regulated under the Law Number 31 of 1997 concerning Military Courts. This Law is an adoption from Law Number 8 of 1981 concerning the Law of Criminal Procedure (KUHAP). The mechanism for resolving crimes that are guided by the Law on Military Courts, practically, takes a long time (slow), inefficient, requires many costs and always end in punishment. Those mechanism is deemed not to provide legal certainty and even far from a sense of justice. Thus, penal mediation is an alternative for solving the problem.
 There are two problem formulations in this study: what is the philosophical background needed by penal mediation in solving certain criminal acts in Military Courts?; and how does the appropriate concept of the penal mediation in Indonesian Military Courts?
 The research method used in this study is the normative legal research method.
 The results of the research are: the philosophical basis of the need to use penal mediation in Military Courts is restorative justice. Penal mediation provides justice by restoring good relations between the perpetrators and victims by seeking a win-win solution between them. With this regard, this study also proposes that the proper penal mediation concept shall be carried out from the stage of the investigation to the stage before the trial.

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