scholarly journals Juvenile Delinquent as a Subject of Restorative Justice

2019 ◽  
Vol 9 (3) ◽  
pp. 320-337
Author(s):  
Yu.A. Sharanov ◽  
I.B. Gaivoronskaya ◽  
N.V. Galkina
Keyword(s):  
Young Adults ◽  
Law Enforcement ◽  
Juvenile Offenders ◽  
Retrospective Analysis ◽  
Restorative Justice ◽  
Juvenile Offender ◽  
Juvenile Delinquent ◽  
Individual Experience ◽  
Criminal Cases ◽  
The Individual

This article discusses have often in trials and retrospective analysis of materials 80 criminal cases, which were considered a crime committed by minors, led to the conclusion about the need to change the existing criminal procedural practices in relation to adolescents and young adults. It was revealed that the subjects of law enforcement practice did not fully investigate the psychological specifics of the experience of guilt by a juvenile offender as a subject of restorative justice. As a result, the system of criminal punishment and psychological and pedagogical conditions for the implementation of the program for the correction of juvenile offenders were not effective, since they did not take into account the level of their personal and subjective maturity and the specifics of the individual experience of guilt.

scholarly journals Mediation in Juvenile Criminal Offenses - Albanian Case

2021 ◽  
Vol 7 (1) ◽  
pp. 96
Author(s):  
Jola Bode
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Juvenile Offender ◽  
Criminal Code ◽  
Practical Implementation ◽  
Best Interest ◽  
Criminal Cases ◽  
Damage Repair ◽  
Alternative Measures ◽  
New Perspective

In the treatment of juvenile ofenders in modern systems, priority is being given to procedures aimed at reconciliation and mediation, damage repair and the implementation of alternative measures to restrict freedom. The entirety of such proceedings fall within the concept of restorative justice. Restorative justice is of particular importance in the treatment of juveniles by the criminal justice system, as its main purpose is not to punish the perpetrator but to find methods that promote reintegration into society. One of the mechanisms that underpins restorative justice for juveniles that guarantees the success of education and reintegration in society is mediation in criminal conflicts. The mediation aims to engage the perpetrator in repairing the damage caused by the criminal offense as well as to restore reconciliation relations between the victim and the perpetrator. In this way, mediation procedures are of particular importance in the context of criminal law as they promote the values of dialogue and reconciliation in the way of conflict resolution and provide alternative solutions to criminal sanctions. In criminal cases involving juvenile offenders, the application of mediation procedures brings a number of positive aspects as it serves the immediate rehabilitation and reintegration of the juvenile offender as the primary aim of juvenile justice. Implementation of the mediation alternative leads to a better understanding of legislation in this area as well as an increased awareness of enabling application as one of the forms of intervention against juvenile delinquency. Restorative justice is already part of the juvenile criminal legislation following the entry into force of the Juvenile Criminal Code, which brings a new perspective to the implementation of restorative procedures in accordance with the principle of protecting the best interest of the minor. The paper focuses on the role and importance of mediation procedures and their sanctioning in Albanian legislation. The paper will analyze albanian mediation legislation as a positive achievement in the context of promoting the process of restorative justice in juvenile matters. Conclusions will be drawn and recommendations will be identified regarding deficiencies in legal regulations as well as the practical implementation of mediation procedures for juveniles.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

scholarly journals Perceptions of Law Enforcement Towards Juvenile Offenders [Clark Atlanta University]

2019 ◽  
Author(s):  
Spencer Evelyn ◽  
Medha Talpade
Keyword(s):  
Law Enforcement ◽  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Police Officers ◽  
Juvenile Offender ◽  
Study Data ◽  
Law Enforcement Agencies ◽  
Purposeful Sampling ◽  
Study Participants ◽  
First Contact

In the most recent statistics, the Office of Juvenile Justice and Delinquency Prevention (OJJPD, 2017) recorded that in 2016 law enforcement agencies in the U.S made an estimated 856,130 arrests of persons under age 18. The topic of juvenile offenders has been a controversial debate for several years. Many argue that juveniles are not as fully developed mentally as adults and their crimes are generated from a youth’s mentality. This qualitative study explores the perceptions of juveniles by police officers. The purpose is to identify whether age, or the crime committed, and the outcome of that crime influences their perceptions. Additionally, exploring the police officers’ beliefs regarding the disciplinary actions for juveniles is an important consideration because it may influence their first contact treatment of the juvenile offender. The research questions that lead this study are: What are the perceptions of police officers about the disciplinary punishments for juvenile offenders? Purposeful sampling was used for the study. Participants were eligible if they were (1) worked as law enforcement for a minimum of 5 years, and (2) worked with juvenile offenders directly. A sample of 5 law enforcement officers, considered key informants, who worked with juvenile offenders, participated in this study. Data analyses was conducted with the Atlas Ti. Validation strategies such as member checking, rich thick descriptions, and reflexivity were used. Results of the overall themes indicated that most favor having early intervention and prevention programs for juveniles as well as rehabilitation instead of incarceration. Results should aid juvenile justice officials and use the perspectives inform interventions to prevent recidivism.

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 592
Author(s):  
Ahmad Zulfikar
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Police Chief ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
National Police

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.

scholarly journals Telaah Yuridis terhadap Pengaturan Restorative Justice di Kepolisian

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 562
Author(s):  
Rena Yulia ◽  
Aliyth Prakarsa
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Third Party ◽  
Criminal Investigation ◽  
Criminal Cases ◽  
Legal Research ◽  
Police Investigation ◽  
Perpetrators And Victims ◽  
Investigation Process

Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach

scholarly journals Restorative Justice in Application for Crime Investigation on Property

2018 ◽  
Vol 1 (2) ◽  
pp. 565
Author(s):  
Ragil Tri Wibowo
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Rule Of Law ◽  
Positive Impact ◽  
Developed Countries ◽  
Mediation Process ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Legal Proceedings ◽  
Sense Of Justice

Restorative Justice or mediating a settlement out of court or in the absence of legal proceedings, a form of means to enforce the laws that promote justice for those who were litigants. In addition there is the meaning contained in the Restorative Justice or settlement out of court legal settlement that is the rapid acceleration by not leaving the rights of each party and in accordance with the laws of life (living law) which is part of the customs that exist in Indonesian society. However Restorative Justice and mediation in Indonesia there is no definite legal umbrella so that the rule of law has not regulated the process of implementation, but reality on the ground Restorative Justice or mediation process has been commonly carried out and have a positive impact. In the most preferred law enforcement is a sense of justice both the victim and of the perpetrator so that mediation between the parties is very influential in the settlement. In the implementation of Restorative Justice and mediation can only be carried out against the legal process done by children as offenders (minors) with Diversi term, but for other general criminal cases there are no rules that govern them. Restorative Justice and mediation have often carried out in developed countries, but in Indonesia there is no definite rules related to the implementation, therefore we are pushing for the parties berkompenten about the manufacture or preparation of regulations on the enforcement of the failure by a review of the application of Restorative Justice in common criminal case.Keywords: Investigation; The Law Of Life; Restorative Justice.

scholarly journals Optimizing Community Research Report Function at The Prosecution Stage Under the Juvenile Court

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Rina Mariana ◽  
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Social Research ◽  
Juvenile Court ◽  
Secondary Data ◽  
Community Research ◽  
Research Report ◽  
Juvenile Delinquent ◽  
Criminal Cases ◽  
The Social

The establishment of Law No. 11 of 2012 on the Juvenile Criminal Justice System was driven by two aspects, those are restorative justice and the diversion attempt. Those two things aims towards out of court settlement revolving around juvenile criminal cases, as well as recovering losses suffered by victims and rehabilitating the juvenile delinquent. Child imprisinment is only used as the last resort. Therefore, it is quite reasonable to consider Litmas recommendation of not imprisoning children. However, this may not always be the case. This paper will then analyze the reasoning on why there still many recommendations from Bapas Community Advisors in the social research reports that are not considered during the prosecution process. This requires9psearch is a normative research completed by analyzing secondary data. This study explains that there are still many recommendations in Litmas that are not considered at the prosecution stage.

scholarly journals KEADILAN RESTORATIF SEBAGAI KRITIK INHEREN TERHADAP PENGADILAN LEGAL-KONVENSIONAL

2013 ◽  
Vol 2 (2) ◽  
pp. 141
Author(s):  
S. Atalim
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Future ◽  
Legal Uncertainty ◽  
Court Proceedings ◽  
Sense Of Justice ◽  
Court Process

<p>Perkembangan masyarakat yang semakin ‘menghakimi’, penerapan proses pengadilan formal-konvensional atas perkara kejahatan yang tidak melibatkan korban kecuali pelaku, dan putusan pengadilan formal yang tidak sesuai dengan keinginan korban dan pelaku, melahirkan wacana dan praktek penerapan keadilan restoratif dalam menyelesaikan perkara pidana kejahatan. Keadilan restoratif ingin menegakkan nilai-nilai yang hilang dalam proses pengadilan formal yakni pengakuan atas martabat hak-hak korban dan pelaku, menekankan dialog, komunikasi,kejujuran, tanggung jawab, kesadaran akan <br />kesalahan, dan kesempatan untuk memperbaiki diri di masa depan. Penerapan prinsip-prinsip keadilan restoratif ini tidak semestinya dilakukan di luar proses pengadilan formal-konvensional yang sudah ada karena semakin menyuburkan ketidakpastian hukum. Muncul dan semakin berkembangnya praktek penerapan prinsip-prinsip keadilan restoratif merupakan kritik inheren terhadap proses pengadilan legal-konvensional yang belum memenuhi rasa keadilan masyarakat, terutama kepentingan korban, pelaku, dan masyarakat. Kritik ini merupakan kesempatan bagi aparat penegak hukum untuk semakin mewujudkan keadilan dan kepasƟ an hukum yang tercermin tidak saja pada proses (prosedural) melainkan juga pada putusan yang adil (hasil).</p><p><em>The development of society 'judging' to the application of formal court proceedings for criminal cases that only involving the perpetrator, resulting in verdict that are not accomodaƟ ng the wishes of the victim and the perpetrator. This raises the discourse and the application of restoraƟ ve justice practices in solving criminal cases. RestoraƟ ve justice wants to uphold the values that are lost in the formal court process, namely the recognition of the dignity of the rights of victims and perpetrators, emphasizing dialogue, communication, honesty, responsibility, awareness of errors, and the opportunity to improve themselves in the future. The application of the restoraƟ ve justice principles should not be done outside the formal court process because it creates legal uncertainty. The emergence and the growing practices of restorative justice </em><br /><em>principles application is an inherent critique of the conventional court processes that do not meet society's sense of justice, especially the interests of the victim, perpetrator, and community. This criticism is an opportunity for law enforcement agencies to bring about justice and legal certainty that is refl ected not only in the process (procedural) but also on a fair decision (outcome).</em></p>

scholarly journals Socio-demographic profile of juvenile delinquent in Serbia

2020 ◽  
pp. 419-435
Author(s):  
Jovana Cikic ◽  
Ana Bilinovic-Rajacic ◽  
Milena Kojic
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Elementary Education ◽  
Juvenile Delinquents ◽  
Juvenile Offender ◽  
Demographic Characteristics ◽  
Juvenile Delinquent ◽  
Research Questions ◽  
The Republic ◽  
Warning Effect

In this paper, there are analyzed data on socio-demographic characteristics of juvenile delinquents in Serbia. The evidence of the Statistical Office of the Republic of Serbia have been used for this purpose. The reference period for the analysis is between 2005, after the adoption of the new Law on Juvenile Offenders (2005) and 2016. The analysis is based on two research questions: a) what the socio-demographic characteristics of juvenile delinquents are and b) whether the observed characteristics change within the analyzed period. Based on identified characteristics, the aim of the analysis is to point out the possible factors that shape the juvenile delinquency, its features and change in contemporary Serbian society. The analysis has shown: a) previously observed oscillating trend in total number of cases of juvenile delinquency, b) low ratio of juvenile delinquents in total number of offenders with the modest tendency of increase during the analyzed period and c) moderate changes towards diversity of offenses. According to the data, typical juvenile offender is male, with no formal elementary education and often a dropout. Among convicted, one third lives in single-parent families. Observed typical characteristics do not necessarily cause juvenile delinquency among youngsters but may have a warning effect, especially if they act simultaneously, superposing mutual impacts and generating new risks.

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