scholarly journals Towards a more efficient, fair and humane criminal justice system: Developments of criminal policy and criminal sanctions during the last 50 years in Finland

2017 ◽  
Vol 3 (1) ◽  
pp. 1303910
Author(s):  
Raimo Lahti ◽  
John Martyn Chamberlain
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Policy ◽  
Criminal Sanctions

THE POSITION OF QANUN 6 OF 2014 ON JINAYAT LAW TOWARD ACT 11 OF 2012 ON JUVENILE CRIMINAL JUSTICE SYSTEM RELATED TO CHILD CRIMINAL PUNISHMENT

2021 ◽  
Vol 10 (1) ◽  
pp. 65
Author(s):  
Rifqi Qowiyul Iman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Judicial Review ◽  
Justice System ◽  
National Level ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Track System ◽  
Double Track ◽  
Rule Out

This paper aims to describe the differences and the position of the legal rules for juvenile crimes between Qanun 6 of 2014 and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.  This research is descriptive qualitative research. The results show that Qanun Number 6 of 2014 also regulates criminal sanctions for children, which are normatively regulated in Law Number 11 of 2012. In addition, Qanun, as Aceh Islamic criminal law legalizes canning punishment for children, as well as the double-track system adopted by The Law of Juvenile Criminal Justice System is not explicitly accommodated in Qanun. Qanun at the level of a Regional Regulation is part of the hierarchy of laws and regulations that should be in line with what generally applies at the national level. Law Number 11 of 2006 is being the basis of the authority to make Qanun, as long as there is no court decision invalidates it, Qanun Number 6 of 2014, which is a derivative of Law Number 11 of 2006, can be declared as "lex specialis" of The Juvenile Criminal Justice System law which regulates child crime. However, it does not rule out the possibility that in the future, the judicial review of the article can be conducted.

scholarly journals Implementation of Transcendental-Based Juvenile Criminal Sanctions

2021 ◽  
Vol 3 (1) ◽  
pp. 50-62
Author(s):  
Agatha Jumiati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Crime ◽  
Criminal Sanctions ◽  
Legal Problems

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime 

scholarly journals CONSTRUCTION OF CHILDREN UNDER 12 YEARS OF AGE IN CONFLICT WITH THE LAW IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA

2021 ◽  
Vol 9 (10) ◽  
pp. 252-260
Author(s):  
Eko Iswahyudi ◽  
◽  
I. Nyoman Nurjaya ◽  
Nurini Aprilianda ◽  
Bambang Sugiri ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Community Service ◽  
Justice System ◽  
Criminal Responsibility ◽  
Literature Study ◽  
Criminal Sanctions ◽  
Legal Obligations ◽  
The Law ◽  
The Republic

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime. The purpose of this study was to analyze the construction of the regulation of children under the age of 12 in the Constitution of the Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System. This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the Construction of Regulations for Children under the Age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as Children in Conflict with the Law. There is a need for additional rules or amendments to the provisions of criminal sanctions for children, where criminal sanctions will be given to children aged at least 10 years, where these rules consist of basic criminal sanctions, such as community service or supervision, job training, coaching in institutions. This sanction is carried out by considering the rights of children as perpetrators, children as victims and children as witnesses who are underage, without eliminating the implementation of applicable legal obligations.

scholarly journals PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW

Cepalo ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 107-120
Author(s):  
Mashuril Anwar
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Secondary Data ◽  
Best Interests ◽  
Correctional Institutions ◽  
State Budget ◽  
Criminal Sanctions ◽  
The Law

Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.

scholarly journals The Imposition of Sanctions that Govern Pancasila for Juvenille Deliquency

2019 ◽  
Vol 8 (2S9) ◽  
pp. 1011-1015
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Responsibility ◽  
Corrective Action ◽  
Historical Approach ◽  
Criminal Sanctions ◽  
Foreign Countries ◽  
The Future ◽  
Meaning And Purpose

This study aims to look at the imposition of sanctions that govern Pancasila for juvenille deliquency. This study uses a historical approach on the grounds that there are changes and developments in the meaning and purpose of punishment from a view that was originally oriented towards traditional retributive views that saw criminal sanctions as punitive towards a more human or humanist conception of punishment by emphasizing the element of corrective action. crimes, namely children and a comparative juridical approach that is focused on the formulation of alternatives to child criminal sanctions in several KUHPs of foreign countries. The results showed that the strategy of developing sanctions against children who committed crimes had been carried out through the enactment of Law No. 11 of 2012 concerning the Child Criminal Justice System three principles of punishment recognized in UUSPPA, namely the principle of criminal responsibility, the principle of the best interes of the child and the ultimum principle remidium. The three principles of punishment are also the basis of the formation of UUSPPA so that two punitive conditions apply for children in conflict with the law, namely the terms of absolute punishment and the conditions for relative punishment. The imposition of sanctions that affect the Pancasila for children who commit criminal acts in the form of verbal sanctions is considered more humanistic because with children's verbal sanctions avoid negative stigma that can affect the future of the child.

USLUGE CENTARA ZA SOCIJALNI RAD U PRIMENI VASPITNIH NALOGA I U IZVRŠENjU KRIVIČNIH SANKCIJA IZREČENIH MALOLETNIM UČINIOCIMA KRIVIČNIH DELA

2021 ◽  
pp. 169-184
Author(s):  
Snežana Soković ◽  
Keyword(s):  
Criminal Justice ◽  
Juvenile Offenders ◽  
Criminal Justice System ◽  
Justice System ◽  
Social Protection ◽  
Basic Type ◽  
Criminal Offence ◽  
Internal Dynamics ◽  
Criminal Sanctions ◽  
The Social

The juvenile nature of the criminal offence perpetrator, due to its psychophysical characteristics, makes the phase of execution of criminal sanctions additionally delicate and very important and implies a system of execution based on special principles and special organization. The aim of this paper is to analyze the activities of the competent guardianship authorities, both in the phase of issuing educational orders and educational measures, and in the phase of their execution. The paper emphasizes that the realization of the "internal dynamics" of the system of educational measures, from the choice of a concrete measure to its suppression, with all intermediate modalities of cumulation, replacement and adjustment to changed execution conditions or achieved success, is made possible to the competent court through the cooperation with guardianship authorities. It is precisely in the field of application of educational measures, as the basic type of criminal sanctions for juvenile offenders, that the exceptional connection of the juvenile criminal justice system with the social protection system is most clearly seen.

scholarly journals DIVERSI TINDAK PIDANA NARKOTIKA DALAM SISTEM PERADILAN PIDANA ANAK

2017 ◽  
Vol 6 (1) ◽  
pp. 37
Author(s):  
I Made Wiharsa
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Negative Impact ◽  
Criminal Punishment ◽  
Judicial Process ◽  
Criminal Sanctions ◽  
The Law ◽  
The Impact ◽  
Research Type

Diversion of narcotic crime in the criminal justice system for the children. Children in conflict with the law, especially in narcotic cases not specifically regulated in Law Number 35 of 2009 on the Narcotics. During this time the children in conflict with the law that is drafted in the Law Number 11 of 2012 on the Criminal Justice System for The Children. Criminal punishment against with a certain person started because that person has committed a crime. Children in the case of a criminal act of narcotics criminal sanctions will have a negative impact on a child's future. Referring to the criminal justice system for the children are known to attempt a diversion to divert the child's completion of the criminal case of the trial into a non-judicial process. This research with the normative methods research type, which aims to determine the impact of the imposition of criminal sanctions and diversion efforts for children in narcotic crime. Diversi tindak pidana narkotika dalam sistem peradilan pidana anak. Anak yang berkonflik dengan hukum khususnya dalam tindak pidana narkotika belum diatur secara khusus dalam Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika. Selama ini terhadap anak yang berkonflik dengan hukum mengacu pada Undang-Undang Nomor. 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak.  Penjatuhan pidana terhadap seseorang bermula karena seseorang tersebut telah melakukan suatu tindak pidana. Anak dalam hal melakukan tindak pidana narkotika yang dijatuhi sanksi pidana akan berdampak buruk pada masa depan anak. Mengacu pada sistem peradilan pidana anak yang dikenal upaya diversi untuk mengalihkan penyelesaian perkara tindak pidana anak dari proses peradilan ke proses non peradilan. Penelitian ini menggunakan metoda penelitian hukum normatif, yang bertujuan untuk dapat mengetahui dampak penjatuhan sanksi pidana dan upaya diversi bagi anak dalam tindak pidana narkotika.

scholarly journals RECONSTRUCTION OF CHILD CRIMINAL SANCTIONS IN PERSPECTIVE OF LAW NUMBER 11 THE YEAR 2012 CONCERNING JUSTICE CHILD CRIMINAL JUSTICE SYSTEM BASED ON JUSTICE VALUES

2020 ◽  
Vol 5 (18) ◽  
pp. 68-81
Author(s):  
Akhmad Munawar ◽  
Gunarto Gunarto ◽  
Anis Mashdurohatun ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Theory ◽  
Research Question ◽  
Deterrent Effect ◽  
Prison Sentence ◽  
Criminal Sanctions ◽  
The Third ◽  
The Law

Children who are in conflict with the law are seen to need to be given physical and spiritual protection. Bearing in mind, the Court's decision is more likely to impose imprisonment sanctions. The United Nations in several Congresses has criticized imprisonment sanctions, besides having the potential to cause stigmatization in children, it is also ineffective and does not create a deterrent effect. This study aims to examine and to analyze the implementation of Child Criminal sanctions in the perspective of Law Number 11-year 2012 concerning the Child Criminal Justice System, to analyze the factors that influence child criminal sanctions that are not yet fair. The research question is how the reconstruction of child-based criminal sanctions based on justice is. This research is included in non-doctrinal research (empirical). It used three theories, namely the theory of criminal purpose to analyze the first problem, the dignified justice theory to analyze the second problem and progressive legal theory to analyze the third problem. The results found that the implementation of sanctions Crime against a child in conflict with a law imposed by a prison sentence, the Judge in his consideration emphasizes juridical considerations so that the criminal sanctions imposed on the child are not in accordance with teleological theory as the purpose of punishment. Criminal sanctions against children have not brought justice, among others, because several articles in Law Number 11-year 2012 concerning the Child Criminal Justice System still have weaknesses. Reconstruction of Articles that hinder the realization of fair criminal sanctions, namely Article 7 paragraph (2) Article 32 paragraph (2), Article 71 paragraph (1) letter e, Article 79 paragraph (1) and Article 81 paragraph (1) of the Law Number 11 the year 2012 concerning the Child Criminal Justice System.

scholarly journals The effectiveness of the implementation of diversion on children who conflict with the law at the level of the state court in gorontalo province

2020 ◽  
Vol 5 (1) ◽  
pp. 59-69
Author(s):  
Muhammad Rizal Lampatta ◽  
Herlina Sulaiman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
District Court ◽  
State Court ◽  
Criminal Prosecution ◽  
Psychological Condition ◽  
Criminal Sanctions ◽  
Legal Remedy ◽  
The Law

Diversion is a step or legal remedy aimed specifically at children who are in conflict with the law. As perpetrators of criminal acts, children need to be treated differently from adults. This is due to the psychological condition of children who are considered unable to accept criminal sanctions. Even children who have committed criminal acts, Act No. 11 of 2012 on the Criminal Justice System Children continue to provide collateral in the form of diversion efforts so that children avoid criminal prosecution. Diversion is carried out at the police, attorney and court levels. Not all cases of child offenders who enter the PN level can be diversified because there are already rules in the SPPA Law, Perma No. 4 of 2014 and PP. 65 of 2015. Likewise in the implementation of diversion at the District Court level in Gorontalo Province, some were successful and some were not. This study aims to determine the effectiveness of the implementation of diversion to child offenders at court level in Gorontalo Province. As well as to find out the obstacles in the implementation of diversion against child offenders at the District Court level in Gorontalo Province.

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