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All Journal Jurnal EMT KITA Moestopo International Review on Social, Humanities, and Sciences (MIRSHuS) ENDLESS : International Journal of Future Studies
Kristianingsih, Ekawaty
Unknown Affiliation
Humanities Economics, Econometrics & Finance Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Penal Mediation by Police Investigators on Fraud and Embezzlement Cases in the Integrated Criminal Justice System Kristianingsih, Ekawaty
ENDLESS: INTERNATIONAL JOURNAL OF FUTURE STUDIES Vol. 4 No. 2 (2021): ENDLESS: International Journal of Future Studies
Publisher : Global Writing Academica Researching & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/endlessjournal.v4i2.280

Abstract

In Indonesia, investigators act as mediators in resolving criminal cases, and investigators perform this role purely based on their discretion but consider the need for this institution to be formalized. This institution was formalized in the Head of the Indonesian National Police's Telegram Letter No. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009, regarding Case Handling Through Alternative Dispute Resolution (ADR) (STR Kapolri 3022/2009), that the use of ADR in resolving criminal cases can occur if the litigants (victim and perpetrator) agreed. The settlement will only be carried out under professional and proportional legal procedures if the parties have no agreement. STR Kapolri 3022/2009 limits what crimes can be resolved through ADR, so the following problems arise. How is the power of law and legal certainty in applying penal mediation in cases of fraud and embezzlement carried out by police investigators? How should penal mediation be realized in an integrated criminal justice system? This research uses normative juridical or doctrinal law research, systematically expounds on specific legal categories' regulations, and analyzes the relationship between several principles. Then from the study results on the components of the legal structure, penal mediation in an integrated criminal justice system is realized by: (i) establishment of a penal mediation institution; (ii) synchronization of law enforcement and courts in carrying out penal mediation. (iii) Finally, the legal culture component needs to be reformulated by adjusting the penal mediation to each region's prevailing culture and values.
Dinamika Pengembangan SDM, Iklim Organisasi, Transparansi Kinerja, dan Disiplin Integratif dalam Memperkuat Reformasi Birokrasi Polri Laoli, Elvianus; Kristianingsih, Ekawaty
Jurnal EMT KITA Vol 10 No 2 (2026): APRIL 2026
Publisher : Lembaga Otonom Lembaga Informasi dan Riset Indonesia (KITA INFO dan RISET) - Lembaga KITA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35870/emt.v10i2.6048

Abstract

Bureaucratic reform within the Indonesian National Police (Polri) is a crucial agenda aimed at building a professional, accountable, and adaptive law enforcement institution. However, the success of this reform is not solely determined by structural changes, but also by internal dynamics involving human resource (HR) development, organizational climate, performance transparency, and integrative discipline. This study aims to analyze the interplay of these four dimensions in strengthening the implementation of Polri’s bureaucratic reform. Using a qualitative approach through a literature review, this research critically examines academic journal articles, institutional policies, and relevant studies published within the past ten years. The findings indicate that competency-based HR development plays a significant role in enhancing professional capacity among police personnel. A supportive organizational climate fosters collaboration, open communication, and trust within the institution. Performance transparency reinforces public accountability and reduces opportunities for misconduct, while integrative discipline ensures consistent ethical behavior as the foundation of institutional integrity. The synthesis of literature reveals that Polri’s bureaucratic reform can only be effective when these four factors are managed simultaneously and integrated cohesively. This study contributes theoretically to the field of police management and provides practical recommendations for strengthening governance within the Polri Presisi reform framework.
Restorative Justice Distortion at The Investigation Stage in Indonesia Kristianingsih, Ekawaty; Wijaya, Oscarius Yudhi Ari
Moestopo International Review on Social, Humanities, and Sciences Vol. 6 No. 1 (2026)
Publisher : Universitas prof. Dr. Moestopo (Beragama)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32509/mirshus.v6i1.155

Abstract

The application of restorative justice at the investigation stage of criminal proceedings in Indonesia raises significant normative and empirical concerns. Normatively, the investigation stage is a preliminary phase aimed at identifying whether a criminal offense has occurred, not resolving disputes. Nevertheless, empirical practices show that restorative justice mechanisms are frequently applied during this stage, particularly in fraud and embezzlement cases. Police reports are often used as instruments of pressure to compel settlement, blurring the line between voluntary restoration and coercive negotiation. This study employs a qualitative literature review with a normative-empirical approach, examining statutory regulations, policy frameworks, and scholarly works published between 2015 and 2025. The findings reveal that the premature application of restorative justice at the investigation stage contradicts criminal procedural law and transforms restorative justice from a victim-centered paradigm into a tool of pragmatic case disposal. This article argues that restorative justice must be repositioned to stages where legal certainty regarding criminal liability has been established, ensuring it functions as an instrument of substantive justice rather than a coercive mechanism that bypasses due process of law.
Co-Authors Laoli, Elvianus Wijaya, Oscarius Yudhi Ari