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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Pada Tindak Pidana Kecelakaan Lalu Lintas Yang Mengalami Kerugian Material (Studi Di Polres Jember)

Akmal Akmal
Diterbitkan 2016

Abstrak

Research about implementation of penal mediation in traffic accident which caused a material loss by Jember Resort Police is supposed to know the mechanism of penal mediation and to analyze the obstacles in implementing it. The method used was empirical law research. Results of research are penal mediation was implemented in several steps, they are: can be used in a traffic accident which caused a material loss and minor physical injuries, there is an agreement between parties and a statement that they will not demand each other for the case, and investigator doing a case discussion about that case. The obstacles in implementing the penal mediation are: a) intern factors, such as: the investigator hesitates in implementing the penal mediation due to a lack of umbrella act and Standar Operating Procedure and there is no common understanding of the investigators; b) extern factors, such as: victim doesn't want to solve the case and agreement between parties is not achieved, and also the suspect isn't cooperative.

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Metrik

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