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