West Science Social and Humanities Studies
Vol. 4 No. 10 (2026): West Science Social and Humanities Studies

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

Abdul Kholiq (Universitas 17 Agustus 1945 Semarang)
Sumartini Dewi (Universitas 17 Agustus 1945 Semarang)
Zabidin Zabidin (Universitas 17 Agustus 1945 Semarang)
Sri Setiawati (Universitas 17 Agustus 1945 Semarang)
Sri Hartati (Universitas 17 Agustus 1945 Semarang)



Article Info

Publish Date
31 Oct 2026

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.

Copyrights © 2026






Journal Info

Abbrev

wsshs

Publisher

Subject

Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

West Science Social and Humanities Studies is an academic journal that focuses on interdisciplinary research in the fields of social science, science, and humanities studies. The journal aims to present high-quality articles that make significant contributions to our understanding of society, ...