RECONSTRUCTING PENAL MEDIATION IN CRIMINAL CASE RESOLUTION BASED ON JUSTICE, UTILITY, AND LEGAL CERTAINTY

Rani Hendriana; Baginda Khalid H J; Salam Paris H; Amanda Fitri A; M Jiddan Alif R; Tawang Gendewa A; Helmi Gunawan

Rani Hendriana Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
Baginda Khalid H J Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
Salam Paris H Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
Amanda Fitri A Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
M Jiddan Alif R Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
Tawang Gendewa A Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
Helmi Gunawan Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia

Abstract

Penal mediation provides an alternative approach to addressing the challenges victims face in obtaining compensation, restitution, and assistance. This study aims to identify factors influencing the effectiveness of penal mediation in resolving criminal cases and proposes methods for its reconstruction. The research employs statutory and conceptual approaches, analyzing data through content analysis. The findings reveal that legal structure, substance, and culture are critical to the success of penal mediation. Key recommendations include shifting the legal culture to view penal mediation as a solution for complex cases, establishing competency standards for investigators and public prosecutors as mediators, and harmonizing restorative justice criteria at the investigation and prosecution levels. The study also suggests expanding the criteria for offenses eligible for mediation, with a focus on victim restoration over punishment. These reforms are essential to improving the effectiveness of penal mediation and ensuring that it fulfills the objectives of justice, utility, and legal certainty.