REKONSTRUKSI PENYELESAIAN TINDAK PIDANA BERBASIS KEARIFAN LOKAL (STUDI TENTANG PENYELESAIAN TINDAK PIDANA KONVENSIONAL)

Abstract

This research studied on empirical reality about investigation process discharge which implemented by investigating officer who ignored prevailing legal rule (KUHAP) and investigation stoppage carried out by investigator by using local wisdom. Fact showed about same case of investigator with motive that discretion as such police force authority, therefore there was stoppage case and also continued the process through criminal judicature. Problem formulation was (i) How conventional criminal case settlement practice through criminal judicial system ? (ii) How conventional criminal case settlement of that local wisdom based needed by society?, (iii) How conventional criminal case settlement by local wisdom method? This research include within non-doctrinal legal research tradition by socio-legal approximation. This research social background was investigation process in police force and presence criminal case that already settled through local wisdom values that the process was stoppage without made investigation stoppage letter, and there was case that the porcess continued also. Research subject, Investigator, victim, doer and supported by other informant. Data collected by interview method, observation and document study. Data analyzed followed interactive method from Mettew B Miles and Michael Haberman. Validation of data carried out by method and resource triangulation. Research result showed that both input and case settlement process was different within same case that made the output was different also. Stoppage of settlement process by using settlement result by local wisdom was influence by Investigator policy. There were two interpretation characteristics of investigatior in handling case settlement by using local wisdom, it was both limited and wide interpretations. Limited ineterpretation refer to textual interpretation, it was which based on prevailing Act text base. Whereas broad interpretation was refer to contextual interpretation, it was besides based on Act text also observe scope situation of it. Last interpretation often called progressive interpretation, whereas first interpretation called as positivism interpretation. In parctice, conventional criminal case settlement, especially within investigation process still used positivism interpretation. The implication, investigator for formal rightness carried out legal violation, by implemented law smugling to stoppage case investigation process formally through criminal judicature. This research recommended the importance of victim's rights and criminal action, and give right to victim to choose the best way and more useful and give the justice for victim, as new construction for investigator in handling case that already solved through local wisdom in Police force including a. Thingking reconstruction by prioritizing victim's right, b. Stoppage process interpretation reconstruction of criminal case settlement through criminal judicature c. Ethics reconstruction in solve criminal case Keywords: Conventional criminal case, Local wisdom, Hermeneutic Law Progressive interpretation.