PELAKSANAAN PENYELESAIAN PERKARA PIDANA DI LUAR PENGADILAN ( NONLITIGASI ) DI INDONESIA

Abstract

In general, in principle all criminals offenses can not be reconciled, except for criminal offenses that occur in the form of offense complaints as regulated in the provisions of The Criminal Code (KUHP), for example the provisions of the article 310 KUHP up to the article 319 KUHP about defamation, article 284 KUHP about adultery, article 364 KUHP on theft in the family, and offenses outside KUHP  for example UURI No.23 in 2004 on the abolition of domestic violence, especially article 44 paragraph (4), article 45 paragraph (2), and article 46 is a complaint offense. However, in non-litigation practice, criminal is always used as a tool to "force" the parties to resolve their dispute in a peaceful manner, if it does not happen so one party or parties must be criminally charged. Example: traffic accidents causing casualties and injuries, cases of inheritance rights accompanied by annexation, resolved through peace. Including cases of fraud set forth in the provisions of the article 378 KUHP, the embezzlement cases set forth in the article 372 KHUP and etc, and if there is an attemp to make reconciliation, received by the police through a report form of public complaints (Dumas), and if the reconciliation effort is not succeeded by the parties, it is continued to make a police report as a legal basis for conducting investigations, so that precedence is a reconciliation effort. Settlement of criminal cases outside the court (non litigation) need to be considered to utilize the shape of form and technique of dispute resolution process through non litigation channels are negotiation, mediation, arbitration or through Alternative Dispute Resolution (ADR).