CD Skripsi
Kedudukan Media Penal Dalam Penyelesaian Perkara Pidana Anak Di Pengadilan Negeri Kelas 1a Jambi (Perkara Nomor : 546/Pid/B/2009/Pn.Jbi)
The position of mediation in criminal law as public law in principle in the criminal law does not recognize the term peace or mediation to resolve a criminal case. The concept of mediation is only known in the civil case. Although there is no regulation that specifically set but in practice there are law enforcement in this case is a child in the District Court Judge Jambi see as a consideration that the consultation process and the results of mediation in resolving the criminal case to a verdict child.
Based on the reality of the matter, the purpose of this thesis is: First, to determine the position of mediation in criminal law as public law. Second, to determine the position of penal mediation in resolving criminal cases in a case study children in Class 1A District Court of Jambi.
This research method is classified into types of normative legal research, the research literature. The study was descriptive data used are primary data, secondary data and the data tertiary. Data collection techniques using literature studies or documentary studies. Qualitative data analysis and deductive inference.
From the research it can be concluded that, Position mediation in criminal law as an alternative to public law remedies outside the provisions of a criminal case or criminal extrajudicial (positive law). An alternative remedies is termed restorative justice efforts (penal mediation). Efforts restotaritve justice (penal mediation) is possible can be applied to solve criminal cases, especially in criminal cases, although children are not only on criminal cases children, can also be applied to other criminal cases. Efforts restotaritve justice (penal mediation) in accordance with Indonesian culture alignment, namely deliberation, indirectly this effort also serves to preserve living traditions among Indonesian society, and can be used for public / public interest. This is confirmed by the expert opinion of restorative justice.
The position of penal mediation in resolving criminal cases children who performed based on case studies in Class 1A District Court of Jambi that, indirectly, have applied the approach of restorative justice (mediation penal) against juvenile criminal cases. Although this is contrary to the concept of criminal law which requires each crime should be completed by or under applicable laws. However, the fact that the legal process to give a bad impact on children in conflict with the law, it would require a special effort in dealing with juvenile criminal cases, so the concept of restorative justice (penal mediation) is a best effort to be applied in handling juvenile criminal cases. This is supported by the provisions and agreements between government agencies that contains directions for the application of the concept of restorative justice. Although these provisions are not strong, and can only be valid in the institution, but these provisions can serve as benchmarks in the implementation of restorative justice efforts (penal mediation).
Keywords : Position - Penal Mediation - Child Criminal Case
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