MEDIATION IN THE SETTLEMENT OF MINDFUL CRIMINAL ACTIONS WHAT TEENAGERS DO
Abstract
Dispute resolution by mediation is currently restricted to civil disputes only. This is due to the view that the dispute is not detrimental to society in general. In Indonesia, there are several disputes that can be resolved by mediation, namely disputes in banking, consumer, labor and court disputes. The existence of alternative dispute resolution is expected to emphasize the number of cases that are increasingly accumulating in the courts and can provide a sense of justice for the community. The occurrence of disputes between the parties, giving the option of each party to choose how to solve the problem. Each party may vote by court or outside the court. In general, dispute resolution through courts is based on initiatives from either party. While the settlement of disputes outside the court can only be pursued by the parties based on the agreement of the parties, in other words there is good faith from each side. Based on the above matters the authors choose the title of this thesis mediation in the settlement of minor crimes by adolescents. The type of research used in the writing of this thesis is normative juridical which solves the problem by using the legal approach contained in the Legislation and examining the problem of children who commit crimes. From the results of the discussion it was concluded that the mediation as the settlement of crime has been regulated in the Criminal Code Article 363 and Law Number 11 Year 2012 on the Criminal Justice System of the Child, Article 22, namely criminal and criminal act, namely prison , confinement, fine and supervision and action, To the parent or State and the legal consequences if the offense of persecution settled through mediation is a peaceful settlement essentially an agreement which the parties deemed to be good from all other ways. It is well-regarded to mean that although the road of agreement to resolve this dispute must be made with a willingness to sacrifice, then the exposure is judged to be at least reasonable and minimal financing, if compared with the settlement through litigation.
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