Penal Mediation Role In Solving The Criminal Case

The background of this research is justice system trough the legal product of Indonesia,specificly on Penal Law that have been issued under Law number 8 year 1981, which based to held the criminal justice system. While it didn’t mentioned the value in the Republic Indonesia constitution and the State of Philosophy Pancasila. The issues of criminal justice system is how the victim get the compensation,people empowerment in order to handle the crimes and re integration of perpetrator back to the community. The research is implemented by using the descriptive analitis with legal normative aproach and empirical approach. The research is located in Maluku province, Police of Maluku, Middle Maluku regency, South East of Maluku, West East Maluku. The research is qualitative data. Collecting data Technique is by indept Interview to the respondents and literature study. Data analysis is by qualitative analysis. The result and discussion on this research is penal mediation by the investigator. The investigators mediated to parties between the victim and perpetrators. The investigator is to give the chance to the victim and perpetrator for peace. The penal mediation is for certain case to do the investigate earlier process in Maluku Police, such as; The cases of house hold violation, child as a petperators, certain crimes, artcle 315 about light, article 352 of light torture to human being, article 364 about light thieves, article 373 of light embezzlement ,article 379 of light chat article 482 light arrested. Crimes as mentioned under article 362,Crimes of neglect, article 359 and article 360 on penal code (KUHP). The investigator is accepted whether not accepted of peace between two parties by seeing the interest consideration or benefit for the community and the real between perpetrator and victims. If the mediation is failed and there is no solving of police that accepted the solution, then police officer who have received the disable report under cases register will make it as refer to penal code and deliver to the court. In this case, judge will make decision about guilty or not guilty of the perpetrators. The implementation of penal mediation on legal society of the lease Island tradition of South East of Maluku district and West east of Maluku district are from the act of perpetrators and victim which is handling trough mediators. The person who is done the mediation is Kewan, The head of Soa, to the two parties followed by the sanction imposed, like fine. Beside that, the sanction is could be metaphysic sanction that binded the perpetrators in order have no vindictive.