Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-3 | Issue-12 | 1434-1439
Original Research Article
The Role of The National Police in Conducting Investigations through Reasoning Mediation against Property Offenses based on the Value of Justice
Dian Ayu Kusuma Dewi, Teguh Prasetyo, Sri Endah Wahyuningsih
Published : Dec. 30, 2018
Abstract
The existence of law enforcement agencies in the Republic is considered
not as protectors and protectors, but often backfires and social problems because what
is aspired are not by the reality. Nevertheless, the community continues to voice the
law as what is desired even though sometimes it is ignored but still struggling. The
law desired by society is necessarily a law that lives sociologically. At the level of
investigation in the police, even if someone is suspected of having committed a minor
criminal offense, the police will still apply the concept of the investigation by the
prescribed criminal procedure law. In the current system of investigating criminal
cases, the government continues to seek reasoning mediation against the background
of thoughts that are associated with the ideas of renewal of criminal law (penal
reform) and associated with the problem of pragmatism. The background of the ideas
of "reforming reasoning" includes the idea of victim protection, technical ideas, the
idea of restorative justice, the idea of overcoming rigidity/formality in the prevailing
system, the idea of avoiding the adverse effects of the criminal justice system and the
current criminal system, in particular in seeking other alternatives to imprisonment
(alternative to imprisonment/alternative to custody). The problem that can be raised
from this paper is how the position of a system of reasoning mediation in the police
investigation system on objects and how the opportunities and prospects for the
implementation of a penal mediation system as an effort to discuss criminal law in
Indonesia. This research study is normative juridical research by looking at national
criminal law as a rule or norm in the enforcement of criminal law. The researcher will
see the principle of legality in national criminal provisions both in principle and in the
application of law enforcement. In normative juridical research, the type of data used
is secondary data obtained from library data.