scholarly journals Revitalization of Customary Court in the Juvenile Criminal Justice System in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 07011
Author(s):  
Nur Rochaeti ◽  
Rahmi Dwi Sutanti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Law Enforcement Officers ◽  
Customary Law ◽  
Best Interest ◽  
West Kalimantan ◽  
Customary Court ◽  
Sense Of Justice

At present in Indonesia, the existence of customary court in society is still recognized as a mechanism that is applied in solving the problems of customary or criminal violations, which are carried out without involving the law enforcement officers. This study aims to answer two problems. The first is how the customary court in the Dayak Kanayatn tribe and the second is how revitalization customary court in the juvenile justice system in Indonesia. The research will be conducted in Pontianak, West Kalimantan. The method used is a socio-legal research, which analyzes the legal implementation based on legal and society. The results showed that Dayak Kanayatn indigenous peoples have customary court mechanisms capable of solving community problems based on collective agreements and various existing sanctions show that customary court in the community is able to provide a sense of justice in handling cases that occur in the community and the revitalization of customary court in the juvenile criminal justice system in Indonesia needs to be done through a mechanism of participation of traditional people as an alternative in solving problems with customary law characteristics, cultural pluralism, moral values, and religion that bring the best interest for children.

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

scholarly journals Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective

2018 ◽  
Vol 54 ◽  
pp. 07006
Author(s):  
Hervina Puspitosari ◽  
Bintara Sura Priambada
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Social Economic ◽  
Research Approach ◽  
Victim Impact Statement ◽  
Victims Of Crime ◽  
Sense Of Justice

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.

scholarly journals Pendidikan Kewirausahaan Bagi Anak Didik Pemasyarakatan Di Lembaga PEMLPKA Khusus Anak Kelas II Jakarta

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Muhammad Irsyad Firdaus ◽  
Mahdi Adriansyah ◽  
Moh Jamaluddin ◽  
Irfan Sudarso Gultom ◽  
Nadya Fairuza
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Entrepreneurial Education ◽  
The Law

Pelaku tindak pidana tidak hanya dilakukan oleh orang dewasa, melainkan anak-anak juga dapat melakukan tindak pidana. Mengenai pengertian anak-anak yang melakukan tindak pidana atau yang berkonflik dengan hukum diatur dalam Undang-Undang Nomor 11Tahun 2012 tentang Sistem Peradilan Pidana Anak. Dalam UU No 11 Tahun 2012, anak yang divonis bersalah dalam sistem peradilan anak mendapatkan pembinaan di LPKA. Salah satu pembinaan yang penting bagi anak sebagai bekal hidup ketika kelak kembalike masyarakat maka anak didik    penting mendapatkan pendidikan kewirausahaan melalui program pembinaan di LPKA.Kata Kunci: Pendidikan Kewirausahaan, Anak Didik, LPKACriminals are not only committed by adults, but children can also commit criminal acts. Regarding the understanding of children who commit criminal acts or who are in conflict with the law regulated in Law No. 11 of 2012 concerning the Children's Criminal Justice System. In Law No. 11 of 2012, children convicted in the juvenile justice system get coaching at LPKA. One of the important coaching for children as a provision of life when later returned to the community then important students get entrepreneurial education through a coaching program at LPKA.  Keywords: Entrepreneurial Education, Protege, LPKA

scholarly journals Safe in the Hands of the Interpreter? A Qualitative Study Investigating the Legal Protection of Deaf People Facing the Criminal Justice System in Norway

2011 ◽  
Vol 31 (4) ◽  
Author(s):  
Patrick Kermit ◽  
Odd Morten Mjøen ◽  
Terje Olsen
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Sign Language ◽  
Justice System ◽  
Methodological Approach ◽  
Legal Protection ◽  
Deaf People ◽  
Best Interest ◽  
System A ◽  
Sign Language Interpreting

<p>Keywords</p><p>Criminal justice, Deaf, Sign Language, Interpreting, Profession</p><p>Abstract</p><p>Over the last thirty years Deaf people in Norway have obtained extensive rights to sign language interpreting. During this period, a public national interpreting service has been established to cope with the growing demands for interpreters. However, little is known about how this development has influenced interpreting in different contexts. This paper addresses questions concerning the legal protection of deaf people facing the criminal justice system. A central issue of concern is what kind of communicative barriers Deaf people encounter. An empirical study is presented where sixteen strategically recruited informants participated: nine sign language interpreters and seven representatives from the Norwegian criminal justice system. The methodological approach was qualitative, open-ended interviews. The results indicate that Deaf people benefit from the professionalization of the interpreters in many ways. At the same time, as a profession, interpreters have a responsibility for defining their role. It is questionable whether or not interpreters always make professional decisions in deaf people&rsquo;s best interest.</p>

scholarly journals Legal Philosophy of Pancasila as The Paradigm of The Criminal Justice System: A Philosophical Criticism for the Loss of a Sense of Humanity

2018 ◽  
Vol 54 ◽  
pp. 07001
Author(s):  
Rocky Marbun ◽  
Abdul Hakim ◽  
M. Adystia Sunggara
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Philosophical Foundation ◽  
System A ◽  
Philosophical Criticism ◽  
Criminal Procedure Law ◽  
The Law

Since 1981, marked by the enactment of law number 8 of 1981 on criminal procedure law, it has become a consensus to abandon the Cartesian paradigm embodied in the inquisitoire principle. The inquisitoire principle sees any person drawn into a criminal justice struggle as an object. The Criminal Procedure Code (CPC) through the philosophical foundation of Pancasila, commands to adopt the accusatoire principle, in honor of the withdrawn party as a person entirely. However, the KUHAP/CPC formers forget the institutional legal culture of the thrown (gowerfen-sein) criminal justice system in the myth of modernity that is the objectification of human being. So that the law enforcement officers (investigators, public prosecutors, judges) always ignore Pancasila as the philosophical foundation of thought in carrying out the law.

The Neuroscience of Criminality and Our Sense of Justice

2018 ◽  
Author(s):  
Valerie Hardcastle
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Imaging Data ◽  
The Past ◽  
The Us ◽  
Brain Scan ◽  
Sense Of Justice

Part IV begins with Valerie Hardcastle’s chapter on the neuroscience of criminality and our sense of justice. Taking the US courts as her stalking horse, Hardcastle analyzes appellate cases from the past five years in which a brain scan was cited as a consideration in the decision. She focuses on how a defendant’s race might be correlated with whether he is able to get a brain scan, whether the scan is admitted into evidence, how the scan is used in the trial, and whether the scan changes the outcome of the hearing. She then provides a comparative analysis of the cases in which imaging data were successful in altering the sentence of defendants and those in which the data were unsuccessful. She concludes by pointing to larger trends in our criminal justice system indicative of more profound changes in how we as a society understand what counts as a just punishment.

Developmental approach to understanding the needs of young people in contact with the criminal justice system

2020 ◽  
pp. 1423-1432
Author(s):  
Sue Bailey ◽  
Prathiba Chitsabesan
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Mental Health Problems ◽  
Legal Framework ◽  
Developmental Approach ◽  
System P

Over the last decade, studies have highlighted that young people with disproportionately high and multiple needs have clustered in the juvenile justice system. These young people experience higher levels of diagnosable mental health problems and neurodisability than the general population. This chapter provides a developmental approach to understanding the needs of young people in contact with the criminal justice system. It reviews the prevalence of a range of mental health and neurodevelopmental disorders in young offenders and describes the key principles of assessment and intervention approaches. The policy and legal framework have been illustrated by reference to the system in England but will have relevance to readers from further afield.

Views of justice among survivors of historical child sexual abuse

2006 ◽  
Vol 10 (1) ◽  
pp. 125-138 ◽  
Author(s):  
Shirley Jülich
Keyword(s):  
Sexual Abuse ◽  
New Zealand ◽  
Criminal Justice ◽  
Child Sexual Abuse ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Adult Survivors ◽  
Gendered Violence ◽  
Sense Of Justice

Restorative justice for adults in New Zealand has made a cautious start, although crimes of gendered violence are typically excluded. The findings reported in this article draw on interviews of adult survivors of child sexual abuse (eighteen women and three men), asking them to describe their experiences with the abuse and its impact, and to suggest changes to the criminal justice system, which would provide them with a sense of justice. Although the survivors spoke of justice in ways that reflected the goals of restorative justice, they were reluctant to endorse restorative justice as a paradigm within which they would pursue justice.

scholarly journals Reconstruction of the Diversion Concept in a Child Criminal Jurisdiction System Based on Dignified Justice

2021 ◽  
Vol 5 (1) ◽  
pp. 104-112
Author(s):  
I Nyoman DIPA RUDIANA ◽  
I Ketut RAI SETIABUDHI
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Retributive Justice ◽  
Legal Certainty ◽  
Criminal Jurisdiction ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

The renewal of the orientation of punishment for children in conflict with the law from a retributive justice approach to restorative justice is a good start for efforts to restore a victim-oriented situation by giving the perpetrator the opportunity to express his regret to the victim with the concept of diversion. However, not all cases of children are entitled to diversion. In accordance with Article 7 paragraph (2) of the SPPA Law, the requirement for diversion is a criminal act punishable by imprisonment of under 7 (seven) years and not a repetition of a criminal act. Meanwhile, criminal acts that are punishable by more than 7 (seven) years and repetition of criminal acts are not entitled to diversion. The concept of diversion and the terms of diversion are interpreted very narrowly so that they do not reflect dignified justice. The law cannot only regulate legal certainty. The law must provide a sense of justice with dignity and justice that humanize humans. This writing aims to determine the concept of diversion of the juvenile criminal justice system based on dignified justice. The type of research used is literature, the nature of this research is descriptive, the results of the research are the reconstruction of the concept of diversion based on dignified justice must be reconstructed by expanding the concept of diversion so that every child without exception has the right to get diversion.

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