Urgensi Mediasi Penal dalam Penyelesaian Perkara Tindak Pidana Ringan dalam Perspektif Restorative Justice

Abstract

Restorative justice is a new approach to resolving criminal cases. One type of case that can be addressed through this approach is minor criminal offenses, such as petty theft, juvenile delinquency, traffic violations, and crimes against women. This approach focuses on the offender, the victim, and the community throughout the resolution process.

Restorative justice emphasizes recovery and reconciliation between the offender, the victim, and the community rather than focusing solely on punishment. In addition, this approach helps reduce prison overcrowding while providing victims with alternative forms of recovery and redress. Through active community participation, restorative justice also strengthens the relationship between society and the legal system.

This study employs a normative legal research method using statutory, legal principle, and conceptual approaches. The objective of the research is to examine the implementation of the restorative justice concept for victims of minor criminal offenses.

Minor crimes involving relatively small losses are more appropriately resolved through penal mediation. However, the legal basis for penal mediation has not yet been fully incorporated into Indonesia's criminal justice system. Based on this issue, the author is interested in examining the settlement of minor criminal cases within the criminal justice system by addressing the following questions: What are the legal grounds or policy considerations for utilizing penal mediation in resolving minor criminal cases? What is the urgency of penal mediation in resolving minor criminal offenses as a means of realizing restorative justice?

This research uses a normative legal research method, also known as doctrinal legal research. The findings indicate that there are two main policy considerations for adopting penal mediation in the resolution of minor criminal cases. First, it is necessary to establish clear and explicit legal provisions governing penal mediation.

Second, in formulating policies for integrating penal mediation into Indonesia's criminal justice system, clear criteria must be established regarding the types of criminal offenses that may be resolved through penal mediation.

From the perspective of restorative justice, the urgency of penal mediation in resolving minor criminal cases, particularly from the standpoint of judicial administration, lies in its ability to reduce the accumulation of cases in the courts. The increasing number of cases brought before the courts has significantly increased the judiciary's workload despite limited time and resources. Furthermore, the importance of penal mediation can be viewed from two perspectives. First, legal systems should reflect the dominant role of society in the development of law. Second, there is a need to introduce a modern legal framework that replaces traditional legal mechanisms while still preserving the principles of justice and community participation.