THE ROLE OF LAW ENFORCEMENT IN SETTLING CRIMINAL CASE THROUGH NON PENAL MEDIATION (CASE STUDY IN REGION OF EAST LOMBOK)

Sayid Mustafa Kamal, M Natsir, Sahnan

Abstract:

This study aims to know and analyse the role of law enforcement in conducting Non Penal mediation on the settlement of criminal cases outside court in East Lombok regency and to know and analyse legal implication in Non Penal Mediation Penalty in criminal case. The research method used is empirical law research method, with approach of Legislation, Conceptual Approach, and Sociological Approach. The results show that: First, the Role of Law Enforcement in particular Advocate in applying Non Penal Mediation is a form of providing legal services and non-litigation legal aid to its clients. In mediation Non Penal advocate acts as: a. Initiator, b. Mediator and c. Facilitator. Second, the legal implications of the agreement resulting from Non Penal mediation are: a. The obligation of the perpetrator to be responsible for restoring the victim’s loss, b. The termination of the criminal proceeding process, in case the case has reached the investigation stage, the Non Penal mediation agreement resulted in the termination of the investigation.

 

Keywords: roles, law enforcement, non-penal mediation

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