Remodeling of Criminal Case Settlement in Indonesia

Abstract

The criminal justice process in Indonesia based on the Criminal Procedure Code can be said to have diminished or even removed the important role of individuals in attempts to settle criminal cases. The search for justice in criminal cases depends entirely on the ability of the integrated system built by the police, prosecutors, courts, and correctional institutions. In this context, of course, efforts to seek justice do not solely depend on the state alone, but must be accomplished through cooperation and competitive social relations. Seeing the existing reality in order to accomplish fair procedural justice and restorative justice in the renewal of criminal law in Indonesia, it is necessary to conduct a study regarding how to remodel the settlement of criminal cases in Indonesia in the future. This article performs qualitative research using normative legal research using a statutory approach and a conceptual approach. Efforts to seek justice in the settlement of criminal cases, of course, can no longer rely solely on the criminal justice process, but there must be an alternative settlement involving the conflicting parties and a neutral third party. In reforming the national criminal law, it is necessary to reconstruct the settlement of criminal cases that accommodates the settlement of criminal cases through the criminal justice process and penal mediation in order to improve the Indonesian criminal justice system to be effective and efficient. The criminal case settlement model can be formulated into the Draft Criminal Code and the Draft Criminal Procedure Code.