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Research Paper | Law | Indonesia | Volume 5 Issue 10, October 2016 | Popularity: 7 / 10

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The Recontruction of Penal Mediation in the Indonesian Criminal Justice System as an Alternative of Criminal Act Settlement in E-Commerce Transaction (E-Commerce Fraud) to Protect Consumers

Safitri Wikan N. S, Supanto, M Hudi Asrori

Abstract: There have been disadvantages of criminal act dispute settlement in the court through integrated criminal justice system in Indonesia. One of them is in terms of handling crime of e-commerce fraud such as the bureaucratic barrier, inefficient time management, high cost, past events clarifications, and future problem-solving discussions. To reach the substantive justice simply and easily, it is necessary to implementthe restorative justice paradigm toward victims, offenders, and societies. Moreover, the offenders are not required to pass on the integrated criminal justice system based on the responsibility to fulfill a suitable financial compensation for both material and immaterial domains in accordance with suffering victims who gotthrough calculated evidences of confessions. This way is implemented by using a mechanism of penal mediation reconstructed to solve criminal act throughnon-litigation consumers protection. This procedural solution is reconstructed through the penal mediation held for each stage in integrating the criminal justice system of criminal litigation processes. With respect to this idea of restorative justice, implementing the integrated criminal justice system is worth considering, including the preliminary inquiry, the further investigation, prosecution, cross examination in the district court, the execution of permanently judged decisions by a general prosecutorand a head of jail institute under the monitoringBody of Consumer Dispute Settlement as a coordinator supervisor toward pointed mediators by either government guarantee and mediation institution (g2mi) or private guarantee and mediation organization (pgmo) based on parties approval to facilitate their participation. This procedural solution can be conducted by using patterns of reconstructing either offline or online penal mediation which is arranged by the Body of ConsumerDispute Settlement for giving permanently-set law strength (inkracht) and its binding. The agreement result of penal mediation process is declared into peaceful official documents based on thejudge validation at a district court level.

Keywords: Reconstruction, Penal mediation, criminal justice system, crime of e-commerce transaction e-commerce fraud, the protection of consumers

Edition: Volume 5 Issue 10, October 2016

Pages: 1558 - 1565

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