Reconstruction Of Misdemeanor SettlementBased On Pancasila Value

Abstract

Misdemeanor is still processed using conventional trial in Indonesia, despite a very small loss generated. Supreme Court takes a stance to the slow process of amending KUHP (Penal Code) by publishing Supreme Court’s Regulation (Perma) No.02 of 2012 about the Adjustment of Misdemeanor limit and Fine Size in Penal code.
Perma No.02 of 2012 is the legal product issued by Supreme Court intended to the Judge. The position of Polri (Republic of Indonesia’s Police) and Attorney as public prosecutor cannot be subjected automatically to Perma No.02 of 2012. The Judge assessed the presence of Perma No.02 of 2012 as a non-binding regulation so that its implementation can be overridden. Kinship culture to settle has not developed yet within society, as indeed there has been no legal foundation governing it.
This research recommended the reconstruction of Penal Code by giving an opportunity of schikking between the accused or the defendant and the victim of misdemeanor. This schikking use is the imposition of restitutive sanction, giving more advantages, justice, certainty, and legal equilibrium.