CD Skripsi
Penyelesaian Tindak Pidana Pencabulan Anak Melalui Mediasi Penal Oleh Tokoh Adat Desa Koto Sentajo Kecamatan Sentajo Raya Kabupaten Kuantan Singingi
In Indonesian positive law criminal cases cannot be resolved outside the court, but in certain cases it is possible to resolve outside the court. In practice, criminal law enforcement in Indonesia, although there is no formal legal basis, criminal cases are often resolved outside the court process through peace mechanisms, customary institutions and so on. Penal mediation as an alternative solution to the case in the field of criminal law is also carried out in the application of customary law. Kuantan Singingi Regency still has customary laws that are still functioning in people's lives, one of which is in Sentajo Raya Subdistrict, precisely in Koto Sentajo Village. One example of legal violations that occur in Koto Sentajo Village is sexual abuse of children. The customary law sanction applied in Koto Sentajo Village towards the perpetrators of child molestation was expelled from the village and ostracized from the Koto Sentajo community.
This research is sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This study is also descriptive, namely the author tries to provide an overview of a reality in full, detailed, and clear about the exact problem. The location of the research conducted by researchers was in the Koto Sentajo village area, Sentanjo Raya District, Kuantan Singingi Regency. Because in that location there has been an act of sexual abuse against underage children. 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 Penal Mediation Implementation by Koto Sentajo Customary Leaders Against Perpetrators in Children is for the mediation process, there are three stages, namely the pre-mediation stage, the mediation stage, and the final stage, namely the implementation of mediation results. These three stages are the paths that will be taken by the mediator and the parties in resolving their case. The Society Chooses the Settlement in Mediation Penal outside of the current process is increasingly being carried out and can be accepted by the community because it feels more capable of reaching a sense of justice.
Keywords: Completion-Penal Settlement of Penal Mediations.
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