Mediation Process for Criminal Cases at the Court of Appeals to Resolve Disputes, Rehabilitate, Heal, and Forgive Using Buddhist Peaceful Means

Abstract

The research article consisted of the following objectives: 1) to investigate problems with mediation process for criminal cases at the court of appeals in region 6; 2) to integrate the mediation process for criminal cases at the court of appeals to resolve disputes, rehabilitate, heal, and forgive by using Buddhist peaceful means; and 3) to present the mediation process for criminal cases at the court of appeals to resolve disputes, rehabilitate, heal, and forgive using Buddhist peaceful means. The study used a qualitative research method. The tool employed was an interview form. The data were gathered from 26 key informants, including court specialists and legal professionals, experts on peaceful means and Buddhism, and academics from the government and private sectors.

From the study, the following results were found: 1) Problems with the mediation process for criminal cases at the court of appeals in region 6 include a lack of policy for the bringing of criminal cases into the mediation process prior to the first hearing. The working practices are likewise unclear. The mediators lack comprehension of the goals of mediating disputes in criminal cases, as well as legal knowledge pertinent to criminal cases, such as the criminal code sections 56, 35, and 39; 2) The Buddhist peaceful means contributing to the development of mediation process for criminal cases using Buddhist peaceful means refer to Sārāṇīyadhamma (6 states of conciliation), including (1) Mettākāyakamma, which refers to offering support and facilitation when the disputing parties face one another, (2) Mettāvacīkamma, which is loving speech grounded in impartiality and well-wishes, (3) Mattāmanokamma, which refers to positive thinking and spreading loving-kindness to one another, (4) Sādhāraṇabhogitā, which promotes equitable dispute resolution, (5) Sīlasāmaññatā, which refers to honest and proper behavior according to the laws and ethics, and (6) Diṭṭhisāmaññatā, which refers to having knowledge and understanding in mediation process; and 3) The mediation process for restorative justice for peace is divided into six parts: (1) giving the defendant and the victim the opportunity to tell the truth about what happened, (2) letting the defendant realize the consequences of his/her wrongdoings, (3) allowing the defendant find measures to resolve, heal, and rehabilitate the victim, (4) giving the defendant a chance to take responsibility and change the way he or she behaves, (5) encouraging both sides to maintain their friendship and the defendant to refrain from committing any future offenses, and (6) encouraging the victim to forgive, withdraw the complaint, and dispose the case.