Efektifitas Metode Musyawarah Mufakat Diversi terhadap Penyelesaian  Perkara  Anak Berkonflik dengan Hukum

Penelitian ini bertujuan untuk menganalisis metode musyawarah mufakat sebagai implementasi diversi dalam penyelesaian kasus anak berkonflik dengan hukum. Artikel ini berargumen bahwa metode musyawarah mufakat lebih efektif digunakan sebagai metode diversi dalam menyelesaikan kasus anak pelaku kejahatan. Metode musyawarah mufakat memberikan solusi yang tepat dan biaya yang ringan serta mampu memberikan keadilan seimbang karena proses/prosedur pelaksanaannya tidak serumit model institusional hukum formal yang ditentukan dalam peraturan diversi dalam Undang-Undang Sistem Peradilan Anak. Model diversi yang diatur dalam ini lebih rigid, formal dan kurang akomodatif terhadap keinginan para pihak. Metode musyawarah mufakat lebih memberikan keadilan subtantif dibandingkan dengan model diversi secara institusional yang cenderung memberikan keadilan formal prosedural. This study aims to analyze the consensus method as a practical implementation in the use of diversion in the resolution of cases of children who are dealing with the law. This article argues that the consensus method is more effectively used as a diversion method in resolving cases of crime-harassed children. The consensus agreement method provides the right solution and low cost and is able to provide balanced justice because the process / procedure for its implementation is not as complex as the formal legal institutional model specified in the diversionary rules in the Juvenile Justice System Law. The diversion model regulated in this law is more rigid, formal and less accommodating to the wishes of the parties. In addition, the consensus method of giving more substantive justice than the institutional diversion model which tends to provide procedural formal justice.

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

Jurnal Ilmiah Hukum LEGALITY ◽

10.22219/jihl.v27i2.10172 ◽

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.

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Children’s Rights and the Juvenile Justice System in Estonia

Juridica International ◽

10.12697/ji.2017.25.07 ◽

2017 ◽

Vol 25 ◽

pp. 66 ◽

Cited By ~ 1

Author(s):

Judit Strömpl ◽

Anna Markina

Keyword(s):

Juvenile Justice ◽

Member State ◽

Justice System ◽

Juvenile Justice System ◽

Research Projects ◽

International Organisations ◽

Best Interest ◽

Justice Systems ◽

Best Interest Principle ◽

The Right

Approaching from the UN Convention of the Right of the Child (UNCRC) and the principle of best interest of the child is mandatory in all decision-makings in all EU countries. However, we can see notable contradictions between the articles of UNCRC, the best interest principle and the practice of juvenile justice systems almost in every EU member state. International organisations and national states make efforts to cross the contradictions and to guarantee the rights stated in the UNCRC. In this paper, we present some attempts to enhance the juvenile justice systems while focusing on Estonian case. Participation in two international action research projects enables authors to give an overview about the situation how the rights of Estonian children in detention are followed and what are the main tendencies in everyday practice.

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Implementation of Juvenile Justice System Act 2018: Prospects and Challenges for Pakistan

Review of Politics and Public Policy in Emerging Economies ◽

10.26710/rope.v3i1.1763 ◽

2021 ◽

Vol 3 (1) ◽

pp. 79-85

Author(s):

Aqsa Ijaz ◽

Attia Madni ◽

Naureen Akhtar

Keyword(s):

Content Analysis ◽

Juvenile Justice ◽

Justice System ◽

Juvenile Justice System ◽

Qualitative Content Analysis ◽

Juvenile Offender ◽

Practical Implementation ◽

Analysis Method ◽

Full Implementation ◽

Content Analysis Method

Purpose: This paper develops a framework for analyzing the practical implementation of Juvenile Justice System Act 2018, and bottlenecks which are being faced by the juvenile during the process of trial before the court of law. Few areas need to be examined while determining the practical implementation of this act, as its procedural requirements have not been yet followed in the field. This paper aims to identify those obstructions which are necessary to be dealt with iron hand in order to ensure the full implementation of the act. Design: Qualitative content analysis method has been used to analyze the various factors, which are responsible for the failure to implement the said act. Findings: Findings on the topic suggest that even at the stage of registration of first information report , the age of juvenile is neglected and loopholes continues till the conclusion of trial. The crux is that in order to avoid the exploitation of juvenile offender during trial, the Provincial and Federal Governments should play their role to ensure that procedural requirements are met as envisaged by the said act. Implications: The practical and firm implementation of Juvenile Justice System Act 2018, competent authorities and requisite institutions should realize their role.

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