scholarly journals Diversity in the Child Criminal Justice System

2017 ◽  
Vol 5 (1) ◽  
pp. 25-40
Author(s):  
Sartika Intaning Pradhani
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Legal Protection ◽  
Medical Rehabilitation ◽  
Child Victims ◽  
The Social ◽  
Case Development

The Child Criminal Justice System in practice, the child as a victim of sexual violence does not always feel its justice being reversed because the diversion process involving the community, the police, the social department, and the parties concerned does not always have a victim's perspective. The absence of a victim's perspective in resolving the issue of sexual violence through diversities makes restorative justice incapable of restoring and fulfilling justice for child victims of sexual violence compared to the criminal justice system in general because diversity is unable to bridge the gap between the challenges faced by victims and the help available to victims. Legal protection of child victims of crime, especially crimes against morality, with child offenders under the Criminal Justice System which must prioritize the approach of Restorative Justice by guaranteeing the rights of child victims to the efforts of medical rehabilitation and social rehabilitation both inside and outside the institution; assurance of safety, whether physical, mental, or social; and ease in obtaining information about case development through diversion. Sistem Peradilan Pidana Anak pada praktiknya, anak sebagai korban kekerasan seksual tidak selalu merasakan keadilannya dikemalikan karena proses diversi yang melibatkan masyarakat, polisi, departemen sosial, dan para pihak terkait tidak selalu memiliki perspektif korban. Ketiadaan perspektif korban dalam penyelesaian permasalahan kekerasan seksual melalui diversi membuat keadilan restoratif tidak mampu mengembalikan dan memenuhi keadilan bagi anak korban kekerasan seksual dibandingkan dengan sistem peradilan pidana secara umum karena diversi tidak mampu untuk menjembatani jurang antara tantangan yang dihadapi oleh para korban dan pertolongan yang tersedia untuk para korban. Perlindungan hukum terhadap anak korban kejahatan, khususnya kejahatan terhadap kesusilaan, dengan pelaku anak menurut Sistem Peradilan Pidana Anak yang wajib mengutamakan pendekatan Keadilan Restoratif dengan memberikan jaminan hak anak korban terhadap upaya rehabilitasi medis dan rehabilitasi sosial, baik di dalam lembaga maupun di luar lembaga; jaminan keselamatan, baik fisik, mental, maupun sosial; dan kemudahan dalam mendapatkan informasi mengenai perkembangan perkara melalui diversi. DOI: 10.15408/jch.v5i1.6575

scholarly journals Legal protection of child victims of sexual violence in Serbia

Temida ◽  
2010 ◽  
Vol 13 (4) ◽  
pp. 17-36
Author(s):  
Natasa Tanjevic
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Child Victims ◽  
Violence Against Children

Violence against children is not a new phenomenon. In this regard, the forms in which it occurs as well as methods that allow it to have taken on an astonishing scale worldwide. Certainly, in this sense, sexual violence leaves the hardest and most complicated effects on the victim. Bearing in mind the complexity of sexual violence against children in the work we are going through an analysis of the criminalization of certain creatures that protect the sexual integrity of children from various forms of sexual violence, and analysis of his position of criminal attempt to answer the question of how the criminal justice system of protection that exists in our country can respond to this case.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals Penerapan Restorative Justice Dalam Peradilan Pidana Anak di Pengadilan Negeri Watansoppeng

2020 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
A. Sudarman Kantao ◽  
Azwad Rachmat Hambali ◽  
Muh. Rinaldy Bima
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Legal Protection ◽  
Cultural Factor ◽  
District Court ◽  
Trial Process ◽  
The Law

Penelitian ini bertujuan menganalisis dan memperoleh pemahaman terhadap penerapan nilai serta hambatan dalam penerapan keadilan restoratif pada perkara peradilan pidana anak sesuai dengan Undang-undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak dalam rangka memberikan perlindungan hukum bagi Anak yang berkonflik dengan hukum dan kendala yang dihadapi majelis hakim pengadilan Negeri watansoppeng dalam menerapkan keadilan restoratif untuk mengadili tindak pidana yang dilakukan oleh anak. Hasil penelitian menunjukkan bahwa terkait proses persidangan terhadap kasus anak, hakim Pengadilan Negeri Watansoppeng senantiasa mengupayakan penerapan restoratif justice dengan memberi saran kepada korban, terdakwa dan pihak keluarga untuk mengusahakan perdamaian sebagai upaya penyelesaian kasus di luar jalur persidangan, namun upaya tersebut seringkali ditolak oleh korban dan keluarganya dan menginginkan agar pelaku dihukum seberat-beratnya. Faktor Kebudayaan dari keluarga korban inilah yang tidak mendukung penyelesaian perkara di luar peradilan atau perdamaian. This study aims to analyze and gain an understanding of the application of values ​​and obstacles in the application of restorative justice in juvenile criminal justice cases in accordance with Law Number 11 of 2012 concerning the Criminal Justice System for Children in order to provide legal protection for children who are in conflict with the law and the obstacles they face. watansoppeng District Court panel of judges in implementing restorative justice to adjudicate crimes committed by children. The results showed that in relation to the trial process for juvenile cases, the judges at the Watansoppeng District Court always tried to apply restorative justice by advising victims, defendants and their families to seek peace as an effort to resolve cases outside the court, but these efforts were often rejected by the victim and his family and wants the perpetrator to be punished as severely as possible. The cultural factor of the victim's family does not support the settlement of cases outside the court or peace.

scholarly journals Institutionalizing Restorative Justice in New Zealand's Criminal Justice System: Gains, Losses and Challenges for the Future

2021 ◽  
Author(s):  
Sarah Shank
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Institutional Support ◽  
Best Interests ◽  
Criminal Justice Reform ◽  
The Future

<p>Restorative justice has played a paradoxical role in the New Zealand criminal justice system. One the one hand, over the past thirty years restorative justice has steadily gained public recognition and received institutional support through judicial endorsements and legislative provisions. In many respects New Zealand has been at the global forefront of incorporating restorative justice processes into the criminal justice system. This, in the hope that restorative justice might improve justice outcomes for victims, offenders and society at large. </p><p><br></p> <p>Yet despite such institutional support for restorative justice, the outcomes of the mainstream justice system have not substantially improved. Ironically, many of the same statutory provisions that enabled restorative justice included punitive provisions that served to tighten the reins of the carceral state. The New Zealand prison population is currently one of the highest in the Organization of Economic Co-operation and Development (OECD), the downstream consequences of which have been devastating for those impacted, and particularly for Māori. </p><p><br></p> <p>Openly acknowledging that the existing justice system is “broken,” the government launched a criminal justice reform program in 2018 to consider a range of options that might contribute to fundamental change. Initial feedback elicited as part of the process calls for a more holistic and transformative approach to criminal justice. Notably this is what restorative justice, at its best, claims to deliver. However, the New Zealand criminal justice system appears to lack such transformative aims and the role of restorative justice in driving institutional change in the future remains to be seen. </p><p><br></p> <p>This thesis examines the institutional paradox of restorative justice in New Zealand. It explores how and why restorative justice originally became an established part of the criminal justice system and what impact it has had on the system of which it has become a part. Drawing on institutional theory, it assesses how far restorative justice institutionalization has progressed, the factors that have facilitated it and the barriers that have impeded it. Finally, it identifies ways in which restorative justice, when institutionalized through principles, policy, law and practice, can make a more lasting impact for those whom the justice system is intended to serve. </p><p><br></p> <p>Within restorative justice literature, both those who commend institutionalization and those who oppose it highlight problems caused by “isomorphic incompatibility” between the mainstream adversarial system and restorative justice. This thesis argues that while foundational tensions exist between the two approaches, such tensions are not insurmountable. Simplifications or exaggerations of incompatibility overlook important similarities and confluences between the two approaches. Confronting such institutional “myths” is necessary if isomorphic combability is to occur. </p><p><br></p> <p>These claims are illustrated through an examination of sexual violence. The pressing problem of responding well to sexual violence illustrates how isomorphic alignment, through careful integration of restorative principles and practices into the criminal justice system, can enable the state to fulfil its responsibilities of ensuring societal safety and protecting the rule of law in ways that better meet victims’ distinct justice needs and the best interests of all stakeholders. </p>

scholarly journals IMPLEMENTASI DIVERSI GUNA MEWUJUDKAN RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK.

Jurnal Hukum ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 165
Author(s):  
Aryani Witasari ◽  
Muhammad Sholikul Arif
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Legal Protection ◽  
Legal Research ◽  
Criminal Offenders ◽  
Approach Method ◽  
Justice Process ◽  
Criminal Justice Process

The research objective is to identify and analyze the implementation of Diversion in order to realize Restorative Justice in the Juvenile Criminal Justice System in an effort to provide legal protection for child criminal offenders. The approach method used in this research is normative juridical or library law research or doctrinal law research, namely legal research by examining library materials and secondary materials, the results of the study found that the obligation to seek diversion with the Restorative Justice approach at every stage in the criminal justice process Children must be carried out in the Criminal Justice System, Diversion as a step towards transferring the settlement of children's cases from the criminal justice process to non-criminal justice processes by prioritizing the Restorative Justice approach which can be carried out by way of deliberation or mediation which emphasizes efforts to restore back to its original state in a friendly manner.

scholarly journals ANALISIS NILAI KEADILAN RESTORATIF PADA PENERAPAN HUKUM ADAT DI INDONESIA

2018 ◽  
Vol 4 (1) ◽  
pp. 201-226
Author(s):  
Destri Tsurayya Istiqamah
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Indigenous Populations ◽  
Child Victims ◽  
Traditional Values ◽  
Distinct Approach ◽  
Limited Scope

Already in 2014, restorative justice as a distinct approach within the general criminal justice system had been used as the basis to treat child victims and offenders (the child protection Act of 2014).  Nonetheless it is worth noticing that long before the promulgation of this Act, restorative justice has been used and is embedded in the living law of the Indonesian indigenous populations. This paper, using a descriptive analytical method, shall elaborate upon those traditional values found in the living law of the indigenous populations which resembles or reflects a restorative justice approach. In addition the author argues that this approach should also be used outside the limited scope of children criminal justice system. 

scholarly journals The Prevention of Victim Precipitation in the Criminal Acts of Fornication and Coition Against Children

2018 ◽  
Vol 54 ◽  
pp. 04001
Author(s):  
Rani Hendriana
Keyword(s):  
Qualitative Research ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Research Approach ◽  
Child Victims ◽  
Child Victim ◽  
Victims Of Crime ◽  
Source Of Error

All this time, a second victimization in a criminal justice system is considered to be an identical problem for the victims of crime. Thus, it is fair if the whole assessment is more oriented to the legal protection for the victims, especially the child victims in the crime of fornication and coition. However, when viewed from different sides, the source of error is not always absolute to the perpetrator but also because of the victim precipitation. This study examines the victim precipitation and its prevention with the aim to understand the degree of victim precipitation and the proportional prevention, that is not only from the aspect of the perpetrators but also from the aspect of the child victim and the community who have the potential to become victims. This research was conducted in the jurisdiction of Purwokerto City and Banyumas Regency, using sociological juridical research and qualitative research approach. The results show that there are several forms of victim precipitation in the crime of sexual fornication and coition to the child. Meanwhile, the prevention must be conducted comprehensively, either from the internal of the victim, or externally from various related parties.

scholarly journals Legal Protection of the Rights of the Child Victims in Indonesian Juvenile Criminal Justice System

2020 ◽  
Vol 23 (01) ◽  
pp. 24-35
Author(s):  
Oksidelfa Yanto ◽  
Yoyon M. Darusman ◽  
Susanto Susanto ◽  
Aria Dimas Harapan
Keyword(s):  
Criminal Justice ◽  
School Violence ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Physical Violence ◽  
Legal Protection ◽  
Child Victims ◽  
Rights Of The Child ◽  
Victims Of Violence

This research purposes to observe the development of crimes against children in Indonesia. Firstly, will take a closer look toward the importance of child protection in family, school and the environment from violence and crime. Secondly, will evaluate how far the criminal justice system can give protection toward the children as victims of violence and crime. Thirdly, looking at the state responsibility in giving sanctions through the criminal justice system. The method used in this research is juridical-normative by collecting secondary data related to legislation and materials obtained from books, journals, and other relevant materials. The observation result shown that many children are victims of violence. The victimization is basically everywhere, not only at home, but also at school. Violence in schools is not merely physical violence, but also psychological. The responsibility for protecting, educating, and developing children lies in the environment, family, and school. The function of criminal law to fight crimes against children's rights is a major factor in the success of the juvenile criminal justice system.

scholarly journals Institutionalizing Restorative Justice in New Zealand's Criminal Justice System: Gains, Losses and Challenges for the Future

2021 ◽  
Author(s):  
Sarah Shank
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Institutional Support ◽  
Best Interests ◽  
Criminal Justice Reform ◽  
The Future

<p>Restorative justice has played a paradoxical role in the New Zealand criminal justice system. One the one hand, over the past thirty years restorative justice has steadily gained public recognition and received institutional support through judicial endorsements and legislative provisions. In many respects New Zealand has been at the global forefront of incorporating restorative justice processes into the criminal justice system. This, in the hope that restorative justice might improve justice outcomes for victims, offenders and society at large. </p><p><br></p> <p>Yet despite such institutional support for restorative justice, the outcomes of the mainstream justice system have not substantially improved. Ironically, many of the same statutory provisions that enabled restorative justice included punitive provisions that served to tighten the reins of the carceral state. The New Zealand prison population is currently one of the highest in the Organization of Economic Co-operation and Development (OECD), the downstream consequences of which have been devastating for those impacted, and particularly for Māori. </p><p><br></p> <p>Openly acknowledging that the existing justice system is “broken,” the government launched a criminal justice reform program in 2018 to consider a range of options that might contribute to fundamental change. Initial feedback elicited as part of the process calls for a more holistic and transformative approach to criminal justice. Notably this is what restorative justice, at its best, claims to deliver. However, the New Zealand criminal justice system appears to lack such transformative aims and the role of restorative justice in driving institutional change in the future remains to be seen. </p><p><br></p> <p>This thesis examines the institutional paradox of restorative justice in New Zealand. It explores how and why restorative justice originally became an established part of the criminal justice system and what impact it has had on the system of which it has become a part. Drawing on institutional theory, it assesses how far restorative justice institutionalization has progressed, the factors that have facilitated it and the barriers that have impeded it. Finally, it identifies ways in which restorative justice, when institutionalized through principles, policy, law and practice, can make a more lasting impact for those whom the justice system is intended to serve. </p><p><br></p> <p>Within restorative justice literature, both those who commend institutionalization and those who oppose it highlight problems caused by “isomorphic incompatibility” between the mainstream adversarial system and restorative justice. This thesis argues that while foundational tensions exist between the two approaches, such tensions are not insurmountable. Simplifications or exaggerations of incompatibility overlook important similarities and confluences between the two approaches. Confronting such institutional “myths” is necessary if isomorphic combability is to occur. </p><p><br></p> <p>These claims are illustrated through an examination of sexual violence. The pressing problem of responding well to sexual violence illustrates how isomorphic alignment, through careful integration of restorative principles and practices into the criminal justice system, can enable the state to fulfil its responsibilities of ensuring societal safety and protecting the rule of law in ways that better meet victims’ distinct justice needs and the best interests of all stakeholders. </p>

scholarly journals SISTEM PEMIDANAAN ANAK SEBAGAI PELAKU TINDAK PIDANA PERSPEKTIF UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2016 ◽  
Vol 6 (1) ◽  
pp. 58
Author(s):  
Guntarto Widodo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Rights Of The Child ◽  
The Republic

This study describes The principles system of legal protection against Children as criminal perpetrator in Law of the Republic of Indonesia Law Number 11 of 2012 concerning Juvenile Criminal Justice System refer to the Convention on The Rights of The Child  and it has covered most of the principles of child protection perpetrator as well. The research method used in this study is a normative legal research because it includes the scope of legal dogmatic learning or researching legal rules. The study also found  First, The provision of punishment against the child has been in accordance with that stipulated in Law Number 23 of 2002 concerning Children Protection which states that imprisonment can be applied to the child when there is not last effort any longer, and shall be executed separately from the adult prison;,Second,  The Child protection efforts shall be implemented by imposing sentencing restorative (restorative justice) and diversion in the event that completing the requirement of Law Number 11 of 2012 concerning Juvenile Criminal Justice System. Keywords: Sentencing System, Criminal Justice System, Child Protection

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