Proceedings of the International Conference on Community Empowerment and Engagement (ICCEE 2021)

The Urgency of Penal Mediation in Equitable Criminal Law Reform

Authors
Nur Isti Qomatun Nafi’a1, Kuswardani Kuswardani2, *, Andria Luhur Prakosa3
1,2,3Law Science Department, Universitas Muhammadiyah Surakarta
*Corresponding author. Email: kus283@ums.ac.id
Corresponding Author
Kuswardani Kuswardani
Available Online 9 May 2022.
DOI
https://doi.org/10.2991/assehr.k.220501.034How to use a DOI?
Keywords
Urgency; Penal; Criminal law reform
Abstract

Regulations regarding the protection of the status, rights, and concern of victims are no longer sufficient. Victims who have suffered damages due to the actions of the crime perpetrators cannot voice their rights and concerns. Therefore, criminal law reform is urgently required to fulfill the balance of rights between perpetrators, victims, and the community. Principally, criminal law reform is an attempt to review and reform the law in accordance with general sociopolitical, socio-philosophical, and cultural values of society. This study discusses the perpetuation of the regulation urgency related to penal mediation in an effort to reform equitable criminal law in Indonesia. The research conducted was descriptive with a normative legal approach. The results of this analysis prove that penal mediation could be taken as an effort to resolve cases outside of litigation. Penal mediation is in line with the historical, philosophical, sociological, and juridical aspects of Indonesia. Therefore, given the importance of a strong rule of law, there needs to be a legal reform in penal mediation.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Download article (PDF)

Volume Title
Proceedings of the International Conference on Community Empowerment and Engagement (ICCEE 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
9 May 2022
ISBN
978-94-6239-574-9
ISSN
2352-5398
DOI
https://doi.org/10.2991/assehr.k.220501.034How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

TY  - CONF
AU  - Nur Isti Qomatun Nafi’a
AU  - Kuswardani Kuswardani
AU  - Andria Luhur Prakosa
PY  - 2022
DA  - 2022/05/09
TI  - The Urgency of Penal Mediation in Equitable Criminal Law Reform
BT  - Proceedings of the International Conference on Community Empowerment and Engagement (ICCEE 2021)
PB  - Atlantis Press
SP  - 291
EP  - 297
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220501.034
DO  - https://doi.org/10.2991/assehr.k.220501.034
ID  - Nafi’a2022
ER  -