Research Article
Penal Mediation: Alternative Means of Criminal Law Enforcement Under Construction of Transcendental Law
@INPROCEEDINGS{10.4108/eai.5-9-2018.2281309, author={Ikhsan Alfarisi and Deni Handani and Burhanuddin Burhanuddin}, title={Penal Mediation: Alternative Means of Criminal Law Enforcement Under Construction of Transcendental Law}, proceedings={Proceedings of the first International Conference on Social Sciences, Humanities, Economics and Law, September 5-6 2018, Padang, Indonesia}, publisher={EAI}, proceedings_a={ICONSHEL}, year={2019}, month={3}, keywords={criminal law enforcement penal mediation transcendental law}, doi={10.4108/eai.5-9-2018.2281309} }- Ikhsan Alfarisi
Deni Handani
Burhanuddin Burhanuddin
Year: 2019
Penal Mediation: Alternative Means of Criminal Law Enforcement Under Construction of Transcendental Law
ICONSHEL
EAI
DOI: 10.4108/eai.5-9-2018.2281309
Abstract
The construction of the modern state of the law with Positivism as the foundation of the present state of Indonesia's punishment has existed since Dutch colonialism. Inconsistencies in criminal law enforcement, criminal law used as premium medium from the outside the criminal law field and the inclusion of state intervention that is too deep into private law can be categorized as indicators of the shaky construction the state of modern law in Indonesia. The transcendental law emphasizes the reflection/contemplation activities between science and value; rational modern thought is supposed to deprive substantial things that are hidden values in the human conscience of religion, ethics, and morality. Discourse between value and science is epistemology dimension of transcendental law. Penal Mediation as a third way in criminal law enforcement is a new idea in solving the case of criminal law although in practice it has been applied for a long time. Therefore, this paper aims to open the ontology of penal mediation about transcendental law which is a new discourse in Indonesian law. The hypothesis is that Penal Mediation accommodates and places human as a cogito, free subject and is in the interactionist pattern of space and time of dynamic existence. The relevance of penal mediation as an alternative means of settling criminal cases within the framework of transcendental law is on it is beyond and fluidity so that the method of study here will use the discourse method.
