KEDUDUKAN MEDIASI PENAL OLEH POLDA JABAR DALAM PENYELESAIAN TINDAK PIDANA PERCOBAAN PENCURIAN DENGAN PEMBERATAN (Studi Kasus 1014/Pid.B/2023/PN.Bdg)

This research is motivated by the practice of penal mediation facilitated by the West Java Regional Police in a case of attempted aggravated theft as reflected in Decision Number 1014/Pid.B/2023/PN.Bdg. Although penal mediation has resulted in a peace agreement between the perpetrator and the victim during the police investigation stage, the legal process continues to the trial stage. This condition raises questions regarding the basis of the police's authority to conduct penal mediation and legal uncertainty regarding the results of the peace agreement that does not result in the termination of the case. The purpose of this study is to analyze the position and authority of the police in implementing penal mediation and the legal consequences of the peace agreement reached through this mechanism in a case of attempted aggravated theft. The research method used is a juridical-normative with a statutory, conceptual, and case study approach. Data were obtained through literature and document studies, then analyzed using an inductive inference method. The research findings indicate that the implementation of penal mediation by the police has the potential to abuse its authority and lacks strong legal legitimacy because it is based solely on Police Regulation Number 8 of 2021, which has a lower status than the Criminal Procedure Code (KUHAP). Consequently, cases continue, even though the mediation results cannot be used as a basis for dismissing criminal cases. Harmonization between the Criminal Procedure Code (KUHAP) and the Police Regulation is necessary to strengthen the position of penal mediation as an instrument of restorative justice. Reformulation of legal policy in the criminal realm is urgently needed to ensure that the implementation of penal mediation aligns with the principles of justice, legal certainty and legal benefit.
Keywords: Penal Mediation, Police Authority, Criminal Act of Theft.