Penyelesaian Perkara Kdrt Melalui Mediasi Penal Di Wilayah Hukum Polresta Pekanbaru

Afifuddin, Zaini (2022) Penyelesaian Perkara Kdrt Melalui Mediasi Penal Di Wilayah Hukum Polresta Pekanbaru. Masters thesis, Universitas Islam Riau.

Text 191021030.pdf - Submitted Version Restricted to Repository staff only Download (684kB) | Request a copy

Abstract

ABSTRACT Settlement of domestic violence cases ideally seeks an alternative that restores the situation as before but social reality shows the success rate of penal mediation is still quite low so that hopes for restorative justice to maintain household harmony have not been achieved, because based on data from the Pekanbaru Police Satreskrim from 2019 to In 2021, the settlement by mediation is not optimal, because there are still many settlements through criminal justice institutions. The main problem in this study is how to resolve domestic violence cases through penal mediation in the Pekanbaru Police Legal Area and what are the obstacles in the implementation of domestic violence case penal mediation in the Pekanbaru Police Legal Area. This research method, the type and nature of the research is observational research, is descriptive in nature, provides an explanation through a study of the applicable legal provisions and what happens in the reality of society. Empirical research uses legal materials consisting of primary data, namely data obtained directly from sources in the field and secondary data, namely data obtained from library materials which are divided into primary legal materials, secondary legal materials. This research was conducted at the Pekanbaru Police from the respondents, namely the Head of the Idik IV Unit of the Pekanbaru Police and the Victims of Domestic Violence. The process of resolving domestic violence cases with penal mediation is carried out based on the Letter of the Chief of Police No. Pol: B/3022/XII/2009/SDEOPS and Circular Letter of the Chief of Police No. 8/VII/2018, has been applied in every penal-mediated case with a restorative justice approach, as well as a task order ordering investigators as well as mediators in resolving domestic violence cases accompanied by discretionary rights. The stage of resolving domestic violence cases using penal mediation begins with bringing together the parties for deliberation accompanied by a mediator who is tasked with helping resolve cases, so that a settlement of the case is reached in the form of consensus in accordance with the wishes of the parties. Barriers in the Pekanbaru Police, consist of four aspects as follows: First, the human resources of law enforcement officers and the availability of facilities that support activities. The two perpetrators had difficulty implementing the contents of the peace agreement regarding compensation for victims due to economic difficulties. The three victims did not want penal mediation because they were traumatized, hurt, and worried that the perpetrator would repeat their crime. Fourth, the lack of public understanding of penal mediation so that people have negative perceptions and raise unwarranted suspicions.

Actions (login required)

View Item