Penerapan Mediasi Penal Dalam Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Di Polsek Kelayang Indragiri Hulu

Rifadilla, Nova (2021) Penerapan Mediasi Penal Dalam Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Di Polsek Kelayang Indragiri Hulu. Masters thesis, Universitas Islam Riau.

Text 191021022.pdf - Submitted Version Download (875kB)

Abstract

Abstract Related to the traffic accident regulation contained in Law Number 22 of 2009 concerning Road Traffic and Transportation. Along with the dynamics of social life,demandslaw reformone of them is penal mediation. Penal mediation plays an important role in criminal law enforcement by taking into account the elements of justice and benefit, and is considered to be a solution for the long and difficult resolution of criminal cases through the judicial process. The application of penal mediation at the investigation stage is based on discretionary authority and partial regulations, namely the Chief of Police Regulation Number 6 of 2019 concerning Criminal Investigation and Chief of Police Circular Number: SE / 8 / VII / 2018 concerning the Application of Restorative Justice in Criminal Case Resolution. The main problem in research is the application of penal mediation in the settlement of traffic accidents at the Kelayang Polsek Indragiri Hulu and the legal consequences of penal mediation against the perpetrators of traffic accidents at the Kelayang Police, Indragiri Hulu. This type of research belongs to the sociological law research class. Meanwhile, seen from its nature, this research is to describe a reality in a complete, detailed, and clear way. Application of penal mediation In the settlement of a traffic accident at the Kelayang Police, Indragiri Hulu, an investigation is still carried out until it becomes a BAP (Investigation Report). Penal mediation can be carried out with the agreement of both parties. If both parties agree to mediate, the SPDP will not be sent to the Public Prosecutor, Police provide a place for mediation facilities, the perpetrator and victim meet in the presence of the appointed mediator, independent mediator or a combination of the two. Furthermore, if there is an agreement and there are no more demands, it will be made or stated in a Statement of Peace, a written agreement from each party. those involved in the traffic accident were then signed on a stamp duty, known / approved by the head of the local RT / RW / village head and known by other witnesses, and the results were reported to the police chief as material for making a decision and after a peace agreement was reached, the investigator record the traffic accident in the register book and record it properly. And the legal consequences of the application of penal mediation, the material and formal requirements must be fulfilled, if these conditions are met, then the peace effort process can be carried out and the results will determine how the legal consequences arise on traffic accident perpetrators and there is still a negative stigma from the community, especially families. victims of law enforcement officers in the application of penal mediation, because not a few victims have negative prejudice against investigators or assistant investigators who want to resolve criminal cases that befall them through peaceful means with the perpetrators, many victims think that the investigator is defending and being paid by the perpetrator.

Actions (login required)

View Item