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Scirj Volume II, Issue IX, September 2014 Edition
ISSN: 2201-2796

Penal Mediation in the Dispute Settlement of Traffic Accidents in Indonesia

Dr. Joko Sriwidodo

Abstract: Penal mediation by using a restorative justice approach has been considered as the best way to speed the dispute settlement process of the traffic accident in Indonesia. This approach is not only quick and simple, but it is also cost efficient. However, discussion on this issue appears to be limited. For that reason, this paper aims at discussing penal mediation in the traffic accidents dispute settlement in Indonesia. This study found that penal mediation of traffic accident dispute in Indonesia is quite different in comparison to the type of mediation in several countries. In Indonesia the mediation process consists of the agreement from parties involved and restitution from the offender to the victim. Such restitution could be in form of apology or in the form of compensation agreed by both parties. Settlement through this mediation can be considered as a negative form of law enforcement. Therefore, mediation through this way should be in accordance of the positive law.

Reference this Paper: Penal Mediation in the Dispute Settlement of Traffic Accidents in Indonesia by Dr. Joko Sriwidodo published at: "Scientific Research Journal (Scirj), Volume II, Issue IX, September 2014 Edition, Page 27-35 ".

Search Terms: Penal mediation, traffic accidents, dispute settlements, restitution, law enforcement, positive law

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