CD Skripsi
Pelaksanaan Mediasi Penal Sebagai Alternatif Penyelesaian Tindak Pidana Penipuan Di Kepolisian Sektor Mandau Kabupaten Bengkalis
ABSTRACT
Penal mediation is one of the characteristics of customary law. The
peaceful settlement of criminal cases has even become local wisdom in various
regions and customary law in Indonesia which aims to resolve conflicts, restore
balance and bring a sense of peace. Penal mediation is a form of dispute
resolution outside the judiciary (non-litigation) with the help of other people or
third parties who are neutral and impartial to one of the two parties.
This type of research can be classified in the type of sociological legal
research (empirical), because in this study the author directly conducted research
at the location or place under study in order to provide a complete and clear
picture of the problem under study. This research was conducted at the Bengkalis
Mandau Sector Police, while the population and samples were the Head of the
Mandau Duri Police Unit, Mandau Duri Police Investigator, Perpetrators,
Victims and Witnesses. The data sources used are primary data and secondary
data. Data collection techniques in this study were interviews, questionnaires, and
literature review.
The conclusions that can be obtained from the results of the research are
First, the application of penal mediation in handling fraud cases that occur in the
Mandau Sector Police, Bengkalis Regency, basically does not have a juridical
basis in the form of statutory regulations but this phenomenon has been widely
used in the investigation process in the police so that it appears. the issue of
handling criminal cases can be carried out by peace practices that eliminate the
criminal element. Second, Constraints in the penal mediation process carried out
by the Mandau Sector Police in cases of criminal fraud, such as from the police
whose permission has not been issued or not given permission to mediate by the
superior regarding the fraud case, the perpetrator is a minor. find an agreement
at the mediation level, the injured party (the victim) does not want penal
mediation. One of the parties denies the agreement that has been made at the
mediation level. Third, efforts in the penal mediation process carried out by
investigators on fraud cases that occurred in the Mandau Sector Police were
carried out with various kinds of applicable legal rules both from internal rules
and statutory regulations, in this case in order to overcome obstacles so as not to
cause public unrest and There is no community refusal, there is no impact on
social conflict. There is a statement from all parties involved not to object, and to
give up their right to demand it before the law.
Keywords: Penal Mediation, Crime, Fraud, Police, Law Enforcement.
Tidak tersedia versi lain