Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Existence of Pancasila as a Basic Rule toward the Dispute Settlement of Complaint Offence through Penal Mediation outside the Court of Indonesia

Author(s): I Nyoman Putu Budiartha

Penal mediation is one of the best ways of settling disputes of complaint offense outside the court. The purpose of this study is to determine how the existence of Pancasila as the basic rule for the settlement of criminal cases of complaint offence outside the court in the future and how to resolve a complaint offence outside the court in Indonesia. This study concluded that the settlement of cases toward the offender of complaint offense outside the court through penal mediation in the jurisdiction of Indonesia is by deliberation and consensus in accordance with the basic principles of Pancasila. The utilizable model of settlement through penal mediation is informal mediation, traditional village or tribal moots model, victim offender mediation model, reparation negotiation programmers model, family and community group conference and also community panel or courts.