Mediasi Penal Pada Tahap Penyidikan Berlandaskan Keadilan Restoratif

This thesis is entitled "PENAL MEDIATION IN THE INVESTIGATION STAGE BASED ON RESTORATIVE JUSTICE" which is a normative doctrinal study using a statutory, conceptual and micro comparative approach. The legal materials used consist of primary legal materials, such as the statutory regulations, relevant minutes of decisions or legislation and secondary legal materials, such as books, journals, as well as printed and electronic newspapers. The legal materials were analysed to answer the legal issues, that in this thesis is Concept and Regulation of Penal Mediation in the Criminal Justice System and the Implementation of Penal Mediation at the Investigation Stage Based on Restorative Justice. The existence of penal mediation in the criminal justice system is not yet known at the legislation level, but in practice it is often done by the law enforcement component based on its discretionary authority. Penal mediation is an alternative form of case resolution which is based on restorative justice that now only known in the Juvenile Justice System (Law Number 11 Year 2012) in the form of diversion. The implementation of penal mediation at the investigation stage by the Police is based on regulations at the level of under partial laws, namely Police Chief Regulation Number 6 of 2019 concerning Criminal Investigation and Circular of Police Chief Number: SE/8/VII/2018 July 27, 2018 concerning the Implementation of Restorative Justice in Settling Criminal Cases. Penal mediation can be implemented at every stage of the criminal justice process, but effectively it done at the investigation stage by the Police because of their authority as entry point of criminal cases. The position of the Circular and Regulations of the National Police Chief need to be improved and concretely formulated in the law so that it generally binding and can be used as a legal framework of penal mediation