PARADIGM SHIFT IN THE PRINCIPLE OF RETRIBUTIVE JUSTICE BECOMES RESTORATIVE JUSTICE WITH THE CONCEPT OF PENAL MEDIATION

Abstract

Criminal mediation is an alternative settlement of criminal cases in line with the shift in the criminal law enforcement paradigm from the principle of retributive justice to restorative justice. The development of the criminal mediation model mainly focuses on reaching an agreement between the disputing parties regarding the form of settlement with the help of intermediaries that may come from law enforcement officials or independent parties. Renewal of the criminal justice system should be implemented through the integration of criminal mediation to create a progressive Indonesian criminal justice system based on noble values Pancasila. Criminal mediation can be one of the important factors that can provide a significant change in this regard. Renewal can be made by integrating criminal mediation into the criminal justice system through the development of a non-punitive policy using a sociocultural approach and administrative aspects of justice. Meanwhile, from the political side of criminal law legislation (penalty policy), this can be done by defining non-criminal principles, objectives, standards, and procedural law for the implementation of criminal mediation that can be cast into a special law.