IMPLEMENTASI PERAN PARALEGAL SEBAGAI MEDIATOR DALAM PENYELESAIAN PERKARA BERDASARKAN PRINSIP KEADILAN RESTORATIF DI KELURAHAN TINAP

Abstract

The burden on the criminal justice system caused by minor cases has encouraged the
strengthening of out-of-court dispute resolution mechanisms, as accommodated by
Law Number 1 of 2023 on the Criminal Code through the principle of restorative
justice. Sub-district officials, particularly the Lurah, hold a strategic position in
performing this function as paralegals and mediators, as regulated under Law
Number 16 of 2011 on Legal Aid and Regulation of the Minister of Law and Human
Rights Number 3 of 2021. This study aims to analyze the implementation of the
paralegal role of Tinap Sub-District as mediator in resolving residents' cases, and to
identify the inhibiting factors. This study employs a juridical-empirical method with
a legal sociology approach, using interviews, documentation studies, and literature
review, analyzed using Soerjono Soekanto's theory of factors influencing law
enforcement. The results show that the Lurah and Kasi have actively facilitated case
mediation since 2023, with agreements substantively reflecting restorative justice
principles, although not consciously grounded in applicable regulations. The most
dominant inhibiting factor is implementers' low understanding of restorative justice
provisions in the new Criminal Code. This study recommends strengthening
paralegal capacity through continuous training for more optimal, legally compliant
mediation practices.