PENYELESAIAN PERKARA PIDANA PENGANIAYAAN MELALUI ADR (ALTERNATIVE DISPUTE RESOLUTION)

Abstract

Factors that influence the occurrence of cases of criminal torture outside the court include, among others: First, Substantive (Legal Substance), mediation of penalties by the Police is the implementation of all the rules stated in Law No. 2 of 2002 concerning the Indonesian National Police; Second, structurally (Legal Structure), in this case the role of the apparatus or police officers who function themselves as peacekeepers who direct according to the Circular of the National Police No. B / 3022 / XII / 2009 Concerning Case Handling through Alternative Dispute Resolution (ADR), has instructed his staff to prioritize case resolution through Alternative Dispute Resolution (ADR); Third, culturally (Legal Culture) the perpetrators aim will avoid the threat of punishment handed down by the judge; Victim's family, The victim's family accepts the incident as an accident or obstacle so that it is willing to resolve it in a family way.

Keywords: Criminal cases of persecution, Alternative Dispute Resolution