English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Global: Zendy Plus annual

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Global: Zendy Tools annual

Global: Zendy Free Plan

Global: Zendy Tools monthly

Global: Zendy Plus monthly

The construction of the modern state of the law with Positivism as the foundation of the present state of Indonesia's punishment has existed since Dutch colonialism. The in-depth foundation of legal positivism is not balanced with the legal culture as the glue the construction of a state on positivism law. Its comes from the style of civil law system / European continental — inconsistencies in criminal law enforcement, criminal law used as premium medium from the outside the criminal law field and the inclusion of state intervention (public law) that is too deep into private law (citizens) can be categorized as indicators of the shaky construction the state of modern law in Indonesia. The transcendental law emphasizes the reflection/contemplation activities between science and value; rational modern thought is supposed to deprive substantial things that are hidden values in the human conscience of religion, ethics, and morality. Discourse between value and science is epistemology dimension of transcendental law. Penal Mediation as a third way in criminal law enforcement is a new idea in solving the case of criminal law although in practice it has been applied for a long time. Therefore, this paper aims to open the ontology of penal mediation about transcendental law which is a new discourse in Indonesian law. The hypothesis is that Penal Mediation accommodates and places human as a cogito, free subject and is in the interactionist pattern of space and time of dynamic existence. The relevance of penal mediation as an alternative means of settling criminal cases within the framework of transcendental law is on it is beyond and fluidity so that the method of study here will use the discourse method.

Penal Mediation: Alternative Means of Criminal Law Enforcement Under Construction of Transcendental Law