ABSTRACT
MUHAMMAD TAUFIQ. T310908005. MODEL OF A RIGHTEOUS SOLUTION SUBSTANTIAL
CRIMINAL MATTERS. Promotor: Prof. Dr.. Hartiwiningsih, SH, M.Hum., Co.
Promotor: Prof. Dr. Supanto, SH, M.Hum. Dissertation. Doctor of Science Law of
Faculty of Law Sebelas Maret University, Surakarta.
Overall,
this study aims at investigating the failure of the criminal settlement
process in Indonesia in creating substantial justice. Additionally, this study intends to find out the ideal model of a
righteous solution of substantial criminal matters. Results of this study
produce some recommendations related to the handling of the criminal matters in
Indonesia, one of those is through a new model found by the author.
The
background of this study started from some criminal events happened in Indonesia
which in the reality were handled by
the law enforcement officers that raise dissatisfaction from the society. This
dissatisfaction is caused by the law enforcement officers such as the police,
prosecutors and judges are too rigid in implementing the criminal law as
regulated in the Criminal Procedure Code (KUHAP). Most of these cases result in
losses that are not worth to be solved in the court which is actually can be
done out of the court and gain the reconciliation statement. On the other hand,
the opposite happens occasionally. The law enforcement officers do not consider
the size of the losses and do not look at the background of the crime. In another
words, the sentencing decided by the judges is not aligned with the sense of
justice in society. This is what ultimately led to be the reaction of the
society towards the law enforcement officers.
This
research is an empirical legal research using case-based. This study used primary and secondary
data. Primary data obtained by the author directly from the source. The data
were collected through interviews, literature studies, observations, and Focus
Group Discussions (FGD), and Sampling Techniques. Qualitative data analysis was
done through three grooves of data reduction, data presentation, and conclusion
withdrawal.
From the
results of the study that is based on the interviews, observations and
literature studies, the understanding of law enforcement in Indonesia equalize
law enforcement with legislation enforcement, so it needs the legal certainty
in the reality. As a result, the value of justice and expediency often
neglected. This is the cause why the settlement and the criminal justice system
can not create substantial justice. Therefore, it can be stated that the law in
Indonesia requires a new model in the resolution of the criminal case. The
model provides an opportunity to all the parties, both the victims and the
perpetrators to resolve the criminal case in a peaceful and balance situation.
The main objective to be achieved in the model is the creation of substantial
justice.
Keywords:
Criminal Case Settlement, Criminal Justice System, Substantial Justice
Tidak ada komentar:
Posting Komentar