scholarly journals Juridical Review of Restorative Justice in the Juvenile Justice System through Diversion

2019 ◽  
Vol 4 (1) ◽  
pp. 1-8
Author(s):  
Claudia Carolina Indra Putri
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System

scholarly journals MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK (Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto)

2009 ◽  
Vol 9 (3) ◽  
Author(s):  
Angkasa Angkasa ◽  
Saryono Hanadi ◽  
Muhammad Budi Setyadi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Police Department ◽  
Justice Model ◽  
Article 5 ◽  
Mediation Practice

Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system  in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18  Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison

Balanced Approach and Restorative Justice Efforts in Allegheny County, Pennsylvania

2001 ◽  
Vol 81 (2) ◽  
pp. 187-205 ◽  
Author(s):  
RONALD J. SEYKO
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Special Session ◽  
Court System ◽  
Allegheny County ◽  
Juvenile Probation ◽  
Balanced Approach

On November 17, 1995, the governor of Pennsylvania signed into law Special Session Act 33 of 1995, which redefined the purpose of Pennsylvania's juvenile justice system to incorporate the principles of the Balanced Approach and Restorative Justice (BARJ) philosophy. This article describes the genesis of the new law, explains the BARJ model, and illustrates the effect that the law is having on the juvenile court system in Allegheny County. The article specifically focuses on the numerous projects that the Allegheny County juvenile probation department has instituted to meet the BARJ obligation.

scholarly journals OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH

2019 ◽  
Vol 27 (2) ◽  
pp. 242
Author(s):  
Cekli S Pratiwi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Constitutional Rights ◽  
Legal Counsel ◽  
Best Interest ◽  
Justice Program ◽  
The Right ◽  
Special Protection

This study examine first, to what extent the fully restorative justice system could be implemented in the Utah’s JJS  and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problem  without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.

scholarly journals PENERAPAN KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA

2013 ◽  
Vol 2 (2) ◽  
pp. 247
Author(s):  
Hasbi Hasan
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Requirements ◽  
Basic Principles ◽  
Whole Process ◽  
Peaceful Settlement ◽  
Common Misconceptions

One of the most significant changes contained in the UU No. 11 Tahun 2012 One of the most significant changes contained in the UU No. 11 Tahun 2012 is to accomodate principles of restorative justice and the principle of diversion in the juvenile justice system . Nevertheless, the application of the principles of restorative justice in the juvenile justice system are set out in the UU No. 11 Tahun 2012, tend to be partial and non-exhaustive . This is caused by the presence of common misconceptions in the understanding of restorative justice as an attempt to seek a peaceful settlement of the conflict out of court . This study shows that restorative justice is essentially complement rather than replace the criminal justice system . Therefore , restorative justice programs can be integrated into the whole process of juvenile justice without compromising the basic principles and main objectives of restorative justice , and at the same time , did not downplay the role of juvenile justice system that is based on formal legal requirements. Keywords: restorative justice, juvenile justice, crime, diversion.

scholarly journals Police restorative approach in the juvenile justice system

Temida ◽  
2010 ◽  
Vol 13 (3) ◽  
pp. 41-55
Author(s):  
Vesna Stefanovska
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
International Standards ◽  
Basic Principles ◽  
Foreign Expert ◽  
Different Response

Restorative justice is a new, different response to crime, response that offers and tries to establish justice again. Not going into aims, impact and basic principles of restorative justice, as well as into substance of different restorative practices, in this article we will concentrate on restorative interventions that lead to avoidance of the formal justice system. Concretely, we will analyze the role of the police in applying restorative interventions in the juvenile justice system. Particular emphasis will be put on the meaning and the aim of diversion procedures towards juvenile offenders that have committed minor offences and more serious ones for which they come in conflict with the law. In the foreign expert literature the concept of restorative policing is recognized (restorative approach in police conduct), as an attempt to introduce a new reform in performing police affairs. This subject should be approached very carefully and fundamentally, if we want consistent implementation of the new tendency and practices in the juvenile justice systems in accordance with the international standards.

scholarly journals Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice

2016 ◽  
Vol 1 (1) ◽  
pp. 67
Author(s):  
Intan Karangan
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
System Concept ◽  
Resolution Processes

This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution.

scholarly journals Restorative justice and the law on juvenile off enders and criminal protection of juveniles of the Republic of Serbia from the perspective of judicial practice

Temida ◽  
2007 ◽  
Vol 10 (1) ◽  
pp. 47-48
Author(s):  
Snezana Savic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Judicial Practice ◽  
Legal Nature ◽  
Separate Form ◽  
Special Responsibilities ◽  
The Republic ◽  
Criminal Protection

Law on juvenile off enders and criminal protection of juveniles of the Republic of Serbia introduces elements of restorative justice into juvenile justice system in Serbia. In this paper the author is pointing out measures, which present alternative to the juvenile sanctions or complete alternative to (diversion from) the existing criminal procedure. From the perspective of the judicial practice, the author is analyzing provisions that relate to the principle of opportunity; with a particular emphasize on the new institute - diversion orders. Besides, although judicial practice in this field is still at the beginning, the author is pointing out some practical problems and dilemmas, such as the legal nature of the diversion orders and their distinguishing from the special responsibilities as a separate form of educative measures for juvenile off enders. .

scholarly journals Penerapan Sistem Restoratif Justice Dalam Penyelesaian Perkara Anak Yang Berhadapan Dengan Hukum

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Ahmad Azharil
Keyword(s):  
Law Enforcement ◽  
Juvenile Justice ◽  
Community Participation ◽  
Restorative Justice ◽  
Community Service ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Provisions ◽  
Law Enforcement Officials

 Abstract Restorative justice is an approach that focuses on the needs of victims, perpetrators of crime, and also involves community participation, and does not merely fulfill legal provisions or merely impose penalties. In this case victims are also involved in the process, while perpetrators of crimes are also encouraged to be accountable for their actions, namely by correcting the mistakes they have made by apologizing, repaying the losses suffered, or by providing community service. The application of restorative justice in Indonesia has been stated in Law No. 12 of 11 concerning the Juvenile Justice System, which instructs law enforcement officials to undertake diversion efforts, namely bringing together the perpetrator, the victim, and their families to sit together to find a way out. AbstrakRestorative justice  adalah suatu pendekatan yang memfokuskan kepada kebutuhan dari para korban, pelaku kejahatan, dan juga melibatkan peran serta masyarakat, dan tidak semata-mata memenuhi ketentuan hukum atau semata-semata penjatuhan pidana. Dalam hal ini korban juga dilibatkan di dalam proses, sementara pelaku kejahatan juga didorong untuk mempertanggungjawabkan atas tindakannya, yaitu dengan memperbaiki kesalahan-kesalahan yang telah meraka perbuat dengan meminta maaf, mengembalikan kerugian yang diderita, atau dengan melakukan pelayanan masyarakat. Penerapan restorative justice di indonesai telah tertuang dalam Undang-Undang No. 12 Tahun 11 Tentang Sistem Peradilan anak yang memerintahkan kepada aparat penegak hukum untuk melakukan upaya diversi yakni mempertemukan pelaku, korban, dan keluarganya untuk duduk bersama mencari jalan keluar

scholarly journals Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice

2016 ◽  
Vol 1 (1) ◽  
pp. 67
Author(s):  
Intan Karangan
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
System Concept ◽  
Resolution Processes

This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution.

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