Pancasila Conceptualization on Penal Mediation in Indonesia

Abstract

Penal mediation is not a new things in Indonesian culture. In fact, penal mediation is a reflection of Pancasila, Indonesian principle and idiology. It can be seen on the need of a meeting between the stakeholders (victim, offender, and the mediator) in resolving the case. In indigeneous prespective, we called these meeting with musyawarah mufakat. Stakeholders meet to resolve the case to seek an agreement, “mufakat”. Democracy led by wisdom is the fourth principle of Pancasila, and it is reflected on musyawarah mufakat.

Keywords: Pancasila, penal mediation, victims, and offenders.