scholarly journals Decision Making in the Process against Children Diversion Dealing with the Law Has not Aged 12 Years

2019 ◽  
Vol 7 (07) ◽  
Author(s):  
I Pande Ketut Arya Yarsita ◽  
Rodliyah ◽  
RR. Cahyowati
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Social Research ◽  
Best Interests ◽  
District Court ◽  
Research Report ◽  
The Social ◽  
Law Enforcement Officials ◽  
The Law

This study aims to examine and analyze the concept of decision making in the diversion process for children facing the law who are not yet 12 years old; and law enforcement decision making in the diversion process for children who are faced with a law that is not yet 12 years old (Study of the Chairperson of the Mataram District Court Number: 22/Pen.Div/2017/PN Mtr). The concept of decision making in the diversion process for children facing the law that is not yet 12 years old is the judge in imposing sanctions for children considering recommendations in the social research report made by community counselors to express and find data and information objectively about the development and background of life children from various sociological, psychological and other aspects while still paying attention to the best interests of the child. Law enforcement of decision making in the diversion process against children who are faced with a law that is not yet 12 years old emphasizes restorative justice which is the goal in the implementation of the diversion of cases of children facing the law. Law enforcement officials both Investigators, Community Guidance and Professional Social Workers conduct deliberations to reach a decision based on restorative justice that prioritizes the best interests of children.

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 PENERAPAN RESTORATIVE JUSTICE SEBAGAI MODEL PERLINDUNGAN TERHADAP ANAK (Studi Penanganan Perkara Anak Berhadapan Dengan Hukum pada Wilayah Hukum Pengadilan Negeri Dumai Kelas IA)

2019 ◽  
Vol 2 (2) ◽  
pp. 318-335
Author(s):  
Muhammad Sacral Ritonga ◽  
Mahmud Mulyadi ◽  
Mustamam Mustamam
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Descriptive Analysis ◽  
District Court ◽  
Law Enforcement Agencies ◽  
Judicial Process ◽  
Formal Process ◽  
Secondary Sources ◽  
Justice Process ◽  
The Law

The completion of the ABH case through the implementation of diversion was carried out using a restorative justice approach, requiring the consent of the victim and / or the family of the victim's child and the child's willingness. Thus, it is understood that the settlement of ABH cases cannot always be implemented diversion.The problems in this study, concerning the concept of restorative justice in Law Number 11 of 2012 concerning the Child Criminal Justice System, and regarding the concept of restorative justice as an effort to provide protection for children who are faced with the law, and factors that become obstacles and solutions in implementing restorative justice in the Legal Area of the Class IA District Court of Dumai.This research is empirical juridical research, by conducting research at law enforcement agencies / institutions in the Dumai State IA Class law, concerning the implementation of restorative justice in the Legal Area of the Class IA District Court of Dumai. This research is descriptive analysis, using primary and secondary sources. Data analysis used in this study is qualitative data analysis.Based on the results of the research, the concept of restorative justice in the SPPA Act was implemented through the application of Diversion at every level of the juvenile justice process. Diversion is the transfer of settlement of child cases dealing with the law from the formal process (judicial process) to the formal process, by means of deliberation and consensus which prioritizes restorative justice. The concept of restorative justice will provide protection for ABH, because through the implementation of child diversification it will be kept away from the formal justice process which allows the neglect of children's rights and traumatizes children. The obstacle in the implementation of restorative justice in the legal court area of the IA Dumai class is still a lack of human resources law enforcement officers. Supporting facilities and infrastructures are still very minimal. There is still a lack of socialization to the community.

scholarly journals Anak Berhadapan Hukum Dalam Perspektif Restorative Justice

2020 ◽  
Vol 1 (1) ◽  
pp. 1-7
Author(s):  
Pristiwiyanto Pristiwiyanto
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Children's Rights ◽  
Good Health ◽  
Health Protection ◽  
Children’S Rights ◽  
Human Beings ◽  
Legal Problems ◽  
Law Enforcement Officials ◽  
The Law

Children are the mandate and blessings of God Almighty, which is inherent in their dignity and dignity as whole human beings. A country representing an institution / institution that is responsible for meeting the financial needs of its people should be able to make a budget that can realize the protection and welfare of children in the form of good health protection from philosophical aspects, right from sociological aspects, and correct from normative aspects of solving and protection of children in conflict with the law. Children who are dealing with the law are very vulnerable to handling that is not in accordance with the child's psychology or psychology. To decide the need for conflict with children to correct cases of crime / conflict with the law. Crimes are against the law Crimes are often followed up by experts Criminal prosecutions of double-edged double-edged swords or there are other debates saying the murder law will slice their own flesh wrong compilation in its application. the laws that children do often cause legal problems. Law enforcement officials are often absent in the action against lawsuits committed by children. Regulations taken in handling cases of children are often distorted and not involved by the authorities in the field, so it happens with children's rights and does not damage the child's future.

scholarly journals Analysis of The Implementation of The Equality Before the Law Principles Against the Perperators of Corruption in the Jurisdiction of the Criminal Court of Corruption at the Surabaya State Court of the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby

2021 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Tinuk Dwi Cahyani ◽  
Yohana Puspitasari Wardoyo
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Court ◽  
District Court ◽  
State Court ◽  
Judicial Process ◽  
The Public ◽  
Law Enforcement Officials ◽  
The Law ◽  
Research Show

Corruption that still occurs a lot in Indonesia from year to year, even though it is shown in the perception index that has increased from year to year for the better, is still in a harmful situation for the country. At this time can observe, see and feel that law enforcement is in a position that is can not be trusted. The public questioned the performance of law enforcement officials in eradicating corruption, the spread of judicial mafia, violations of the law in assessing the APBN and APBD among bureaucracy. In 2018 the public was dumbfounded by the mass corruption committed by 41 members of the Malang City DPRD (Regional People's Representative Assembly) during 2018. Malang City is considered the ‘general champion' in the corruption category in the number of suspects. 6 of them have been tried at the Corruption Court at the Surabaya District Court and have been decided by the Panel of Judges as in Decision Number 119/Pid.Sus.TPK/2018/PN.Sby with different sentences. How is the application of the principle of equality before the law against perpetrators of Corruption in the jurisdiction of the corruption court at the Surabaya District Court against the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby? The research method used is the normative legal research method. The results of the research show that the judicial process in handling corruption crimes is in accordance with the rules regarding the types of punishment in the Corruption Crime Court and meets the principle of equality before the law. Keywords: corruption; equality before the law; Malang

scholarly journals DISPARITAS PENERAPAN PIDANA TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 221-237
Author(s):  
Zainudin Hasan ◽  
Devi Firmansyah
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Research Problem ◽  
District Court ◽  
Criminal Offense ◽  
Law Enforcement Agency ◽  
City District ◽  
Law Enforcement Officials ◽  
Research Findings ◽  
Internal And External Factors

The same article but the verdict handed down is different in the case of narcotics abuse. This research is taken from the narcotics case that was decided by the Lampung Provincial District Court. The research problem is whether the factors causing disparity in the application of crime in narcotics abuse cases in the Metro City District Court (Study of Decision Number 14 / Pid.Sus / 2016 / PN.Met and Decision Number 52 / Pid.Sus / 2015 / PN.Met)? The research method used in this writing is normative juridical, and empirical approach. Research Findings that factors causing disparity in narcotics abuse cases in Metro District Court are due to the Laws and Regulations, Law Enforcement Officials Resources, Internal and External Factors of Judges, Judicial Power in Decision Making, Decision Making Mechanisms by the Judges, and Factors Circumstances in the Defendant. Suggestions are expected to the Judge as a law enforcement agency, it is necessary to impose maximum penalties on narcotics offenders in accordance with Law Number 35 of 2009 concerning Narcotics, so that with the maximum criminal offense, narcotics abusers can be deterrent and can also reduce the number of narcotics users.

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 JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik

2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny
Keyword(s):  
Law Enforcement ◽  
Social Values ◽  
District Court ◽  
Electronic Information ◽  
Positive Law ◽  
Electronic Transactions ◽  
Research Implication ◽  
The Subject ◽  
The Law

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

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