The Effectiveness of Penal Mediation as an Alternative Dispute Resolution Mechanism in the Criminal Justice System

Abstract

Criminal mediation has emerged as an alternative dispute resolution mechanism that emphasizes restorative justice, victim protection, and offender accountability within the criminal justice system. This study aims to analyze the effectiveness of criminal mediation by examining its legal foundations, procedural safeguards, and institutional implementation, particularly within Indonesia's criminal justice framework. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through systematic interpretation of national regulations and international restorative justice principles. The findings indicate that criminal mediation has significant normative potential to promote substantive justice by facilitating victim restoration, offender accountability, and proportional dispute resolution. Indonesia's legal framework, particularly Law Number 20 of 2025 concerning the Criminal Procedure Code, provides a stronger statutory foundation for restorative mechanisms. However, regulatory fragmentation, unequal bargaining power, procedural inconsistencies, and limitations in institutional supervision remain significant challenges. The effectiveness of criminal mediation depends on five interconnected dimensions: legal legitimacy, procedural fairness, substantive justice, institutional accountability, and enforceability of agreements. This study concludes that criminal mediation can function as a legitimate alternative or complementary mechanism for eligible criminal cases when supported by coherent regulations, voluntary participation, adequate legal safeguards, and coordinated institutional oversight.