PENAL MEDIATION IN INDIGENOUS DISPUTE SETTINGS IN THE REGIONAL REGION OF MALIND ANIM MERAUKE DISTRICT

Emiliana, Rahail and Alputila, Marlyn Jane (2018) PENAL MEDIATION IN INDIGENOUS DISPUTE SETTINGS IN THE REGIONAL REGION OF MALIND ANIM MERAUKE DISTRICT. pp. 184-191. ISSN ISSN Print: 0976-6340 and ISSN Online: 0976-6359

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Abstract

In the settlement process that occurs in Indonesia, it can be reached through litigation channels and also through non-litigation channels. However, seeing the many conflicts that have occurred lately has made the litigation path, namely dispute resolution through the court, quite time consuming because it is influenced by the accumulation of a lot of case files in the court, causing overload in settlement in court. This is the background so that resolutions arise out of court or through non-litigation channels. In terms of resolving customary disputes that occur in the Malind-Anim customary law area in Merauke Regency, customary law communities still hold very strong cultural values both civil dispute resolution and criminal dispute resolution. Peaceful settlement of crimes has been practiced in Merauke regency, this is often seen in criminal cases both minor cases and cases that are classified as severe and the process of resolution through customary law and carried out by adat leaders by presenting police and the community itself. Thisis what drives so that the authors want to know about how the reason mediation in settling indigenous disputes in the indigenous Malin anim region in Merauke Regency. This study uses an empirical juridical research method, which examines legislation relating to this research and looks at the reality that exists in society. Penal mediation is criminal settlement through deliberation with the help of a neutral mediator, attended by victims and perpetrators along with parents and representatives of the community, with the aim of recovery for victims, perpetrators and the community. In the case of reason mediation, the settlement of the case will be resolved by the customary head, the victim and the perpetrator. The problems that occur in the Malind Anim customary community in Merauke Regency vary greatly, some of which are resolved at the local indigenous community institutions on the customary houses which are completed at the adat level. To get the values of justice that are expected by the victims and the perpetrators, the adat groups play an important role in the process of resolving these crimes to seek a fair decision.

Item Type: Article
Uncontrolled Keywords: Mediasi Penal, Sengketa Adat, Wilayah Adat Malind Anim
Divisions: Ilmu Hukum
Depositing User: Emiliana Bernadina Rahail
Date Deposited: 07 Aug 2019 02:49
Last Modified: 07 Aug 2019 02:49
URI: http://eprints.unmus.ac.id/id/eprint/494

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