Penal Mediation
Of course we are concerned witnessing family conflict; looming collapse of the pole will be a family. When facing a criminal case which divides the family harmony, conscience and common sense must revolt of law enforcement, how to try to restructure the family harmony. In this case, mediation Penal be the right choice solve the problem of household. Investigator initiative to mediate between the suspect (husband) and wife / child (victim), an attempt to re-enforce the laws of morality, namely to restore the family unit, rearranges harmony rights and obligations of husband, wife and children in the household harmony.
The existence of a juridical penal mediation has not gain legitimacy, but sociologically, has long been known traditional societies. Even the customary law that gave priority to the restoration of harmony and integrity of community life.
Ideal character of criminal law enforcement against the problem of private law, should have departed from private interests, which gives more space for dialogue of the parties to the conflict of law, because it between perpetrators and victims aimed at re-establish family harmony. Placing a family conflict solely as a violation of State law, without considering the family unit will not solve the problem, but rather prolong the problem.
In the practice of criminal law enforcement over the years, has practiced law conflict resolution model based on the reconciliation of the parties, especially the offense-offense negligence. Law enforcement in general is still shaky in the process of mediation between the parties. Uncertainty of law enforcement in the investigation stage because it still relied on old-fashioned law enforcement paradigm that puts the criminal law as public law and the superiority of the state.
In line with the shifting criminal law legislation that places penetrated into private domains, then it must also change the paradigm of law enforcement-oriented spirit of reconciliation, no longer promote repression.
Step Breakthrough
Lampung Police open statement to mediate cases of neglect of the child deserves appreciation. This is a breakthrough deadlock legality of criminal law to deliver substantive justice.
Regulation Penal mediation in criminal law enforcement, the partial Chief of Police has issued Letter No.. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009 on the Handling of Cases Through Alternative Disputes Resolution (ADR) and the Police Regulation No. 7 Year 2008 on the basis of Strategy and Implementation Guidelines for Community Policing in Carrying Out Duties Police.
The regulation is a criminal case settlement guidelines by the method of ADR, with the criteria of a small case, the parties agreed to peace, based on the consensus, respect for community norms, and satisfy justice. Police Regulation shifts the paradigm of the superiority of state law enforcement to authorize the parties to the conflict in the domain of private law.
Possibility Related Posts:
Posted in Family Mediation | 
Tags: Alternative dispute resolution, Criminal law, Law, Law Enforcement, Mediation, Police officer, Services, United State