NON-JUDICIAL DISPUTE SETTLEMENT IN CRIMINAL CASE: A COMPARATIVE ANALYSIS OF PENAL POLICY IN THE NETHERLANDS AND THE UNITED KINGDOM

A minor crime must be resolved by the same mechanism as a serious criminal offense, which is one of the forms of the irony of justice. The problem of the irony of justice often occurs in the Indonesian criminal justice system because it is very ineffective, not in accordance with the principle of fast, simple, and low cost. Penal policies in the Netherlands and United Kingdom have developed a variety of non-judicial criminal case settlement mechanisms for the minor crime. The legal issue analyzed in this paper is the basis of thinking of penal policy that develops a non-judicial criminal case settlement mechanism. The method used is a literature review to make a comparative analysis on the penal policy in the Netherlands and UK to develop the non-judicial criminal case settlement mechanism. The result of the analysis is the basis of thinking of penal policy for developing a non-judicial settlement mechanism criminal case that is to bring about justice through the simplification of the criminal justice system and the application of the expediency principle.