scholarly journals The Imposition of Sanctions for Children

2020 ◽  
Vol 6 (2) ◽  
pp. 165
Author(s):  
Rafika Nur ◽  
Handar Subhandi Bakhtiar
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Process ◽  
Criminal Offense ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
The Poor ◽  
Law Enforcement Officials

In the children criminal justice system in Indonesia, there are two systems of sanctions namely criminal sanctions and sanctions actions. A child who commits a criminal offense may be subject to criminal sanctions or sanctions. Imposing sanctions for children becomes something oriented towards coaching and protecting children. However, the imposition of sanctions for children can not be effective because of conflicting legal rules, law enforcement officials who have different paradigms in guarding the legal process against children, facilities and infrastructure that are incomplete and inadequate, making it difficult to enforce sanctions on children as well as the poor stigmatization of society against children in conflict with the law.

THE POSITION OF QANUN 6 OF 2014 ON JINAYAT LAW TOWARD ACT 11 OF 2012 ON JUVENILE CRIMINAL JUSTICE SYSTEM RELATED TO CHILD CRIMINAL PUNISHMENT

2021 ◽  
Vol 10 (1) ◽  
pp. 65
Author(s):  
Rifqi Qowiyul Iman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Judicial Review ◽  
Justice System ◽  
National Level ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Track System ◽  
Double Track ◽  
Rule Out

This paper aims to describe the differences and the position of the legal rules for juvenile crimes between Qanun 6 of 2014 and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.  This research is descriptive qualitative research. The results show that Qanun Number 6 of 2014 also regulates criminal sanctions for children, which are normatively regulated in Law Number 11 of 2012. In addition, Qanun, as Aceh Islamic criminal law legalizes canning punishment for children, as well as the double-track system adopted by The Law of Juvenile Criminal Justice System is not explicitly accommodated in Qanun. Qanun at the level of a Regional Regulation is part of the hierarchy of laws and regulations that should be in line with what generally applies at the national level. Law Number 11 of 2006 is being the basis of the authority to make Qanun, as long as there is no court decision invalidates it, Qanun Number 6 of 2014, which is a derivative of Law Number 11 of 2006, can be declared as "lex specialis" of The Juvenile Criminal Justice System law which regulates child crime. However, it does not rule out the possibility that in the future, the judicial review of the article can be conducted.

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

scholarly journals Criminal offenses - a new institute of criminal legislation of Ukraine

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Criminal Legislation

The article analyzes the feasibility of introducing the institution of criminal offense. The focus is on reforming the criminal justice system. It was found out that one of the directions of reforming the criminal justice of Ukraine is the introduction of the institute of criminal misdemeanor in the criminal legislation. According to the results of the study, different approaches to the expediency of establishing liability for misconduct in the criminal legislation of Ukraine have been identified. It is reasonable that changing the understanding of the concept of crime and the criteria for its evaluation is not an easy path, but in today's conditions the introduction of criminal offenses is a progressive, timely and unalterable step, as no scientific developments can solve law enforcement problems. Keywords: criminal proceedings, institute of criminal offense, crime, reforming, criminal legislation, Concept of reforms, criminal justice

scholarly journals PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW

Cepalo ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 107-120
Author(s):  
Mashuril Anwar
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Secondary Data ◽  
Best Interests ◽  
Correctional Institutions ◽  
State Budget ◽  
Criminal Sanctions ◽  
The Law

Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.

scholarly journals THE MODEL OF PENAL MEDIATION AS A COUNTERMEASURES OF VIOLENCE CONFLICT (CAROK) IN MADURESE SOCIETY BASED ON THE LOCAL WISDOM

2019 ◽  
Vol 8 (2) ◽  
pp. 275
Author(s):  
Cahyono Cahyono
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Criminal Court ◽  
Court System ◽  
Sociological Jurisprudence ◽  
Law Enforcement Officials ◽  
Violent Conflicts

This research is to explore criminal mediation based on local wisdom in dealing with carok violent conflicts in Madurese society. There are two important problems in this study, which is the reason why the criminal justice system is less than optimal in dealing with carok in Madurese society and how criminal mediation can be a model in dealing with conflict based on local wisdom. The research method used in this study is the doctrinal and non-doctrinal methods. By using Freidman's theory and Sociological Jurisprudence related to comparative law, it was found that the criminal justice system is not fully optimal in dealing with carok violent conflicts in Madurese society because of differences in interpreting the concept of justice in the perspective of local communities, the dominance of legalistic perspectives on law enforcement officers and the strong practicality of maintaining self-esteem and religion. The criminal mediation model used by law enforcement officers on Madurese people is based on local wisdom which is a model of family criminal mediation (victim-perpetrators, families, reparations) that is connected to the criminal court system ranging from investigations, closing speeches, examination of cases involving parties warring parties, with mediators, scholars, and law enforcement officials, and the results are written as an act of peace that can be used by the perpetrators to change the sentence. The study recommends that it is very important for law enforcement officials and social leaders, religious scholars and district governments to act as neutral mediators by empowering customary peace institutions that are connected to the criminal justice system.

scholarly journals PENYALAHGUNAAN NARKOBA DI KALANGAN REMAJA DALAM PERSPEKTIF ISLAM

At-Tuhfah ◽  
2017 ◽  
Vol 5 (9) ◽  
pp. 35
Author(s):  
Muhammad Masjkur
Keyword(s):  
Nervous System ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officials

Indonesia is threatened by the danger of drugtrafficking (narcotics, psychotropic and other addictive substances) and its misuse. In the perspective of Islam, the drugtrafficking synonymous with the wine (Al Khamr). It is banned for users, dealers, and manufacturers. Drugtrafficking and its misuse is dangerous because it can affect the nervous system, resulting in addiction and dependence. Drugs lead to changes in behavior, feeling, perception, and consciousness. In the perspective of Islam, there are three important things to consider in order to prevent the dissemination of drugs, namely: increasing piety of each individual community to God, to enforce the criminal justice system consistent implementation, and recruiting law enforcement officials are cautiousKeywords: Parents, interest in reading, children.

scholarly journals Tinjauan Yuridis terhadap Penegakan Tindak Pidana Terorisme Ditinjau dari “Asas Presumtion of Innocence” dan “Presumtion of Guilt”

2020 ◽  
Vol 1 (1) ◽  
pp. 113-119
Author(s):  
I Made Yogi Astawa ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Single Unit ◽  
Preventive Measures ◽  
Legal Rules ◽  
Criminal Justice Systems ◽  
First Occurrence ◽  
Research Type

Terrorism is an act that uses violence or threat of violence. Thus, law enforcement against criminal acts of terrorism is carried out with the Indonesian Criminal Justice System, with the operation of criminal justice systems ranging from the level of investigation, prosecution, justice to Prisoners in Penitentiary institutions into a single unit of the criminal justice system that enforces legal rules related to criminal acts of terrorism based on the principles of "Presumtion of Innocence" and "Presumtion of Guilt". This study aims to determine the prevention of criminal acts of terrorism in terms of the principle of the Presumtion of Guilt and efforts to enforce criminal acts of terrorism in the perspective of the principle of the Presumtion of Innocence. This type of research is Normative research type. In this paper it can be concluded that the enforcement of criminal acts of terrorism can be done through preventive measures by preventing the first occurrence of criminal acts of terrorism and repressive efforts by carrying out law enforcement efforts against suspects or defendants of criminal acts of terrorism. The enforcement of criminal acts of terrorism based on the principle of the Presumtion of Innocence has been aligned and implemented with the criminal justice system and preceded by the existence of two pieces of initial evidence so that no procedural defects occur and result in human rights violations.

scholarly journals Criminal Objectives Integrality in the Indonesian Criminal Justice System

Al-Risalah ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 179
Author(s):  
Ahmad Rofiq ◽  
Hari Sutra Disemadi ◽  
Nyoman Serikat Putra Jaya
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Culture ◽  
Legal Decisions ◽  
The Poor ◽  
The Law ◽  
The Rich

The integrality of the criminal justice system must be realized in every aspect of sub-systems, in substance, structure, and legal culture. In this respect, in the process of criminal justice, the three sub-systems’ integrality are required so that the criminal justice system is capable to produce fair legal decisions in the process of law enforcement in Indonesia. Until such a policy is undertaken, the law will always be harsh against the poor and weak against the rich. This paper discusses criminal objectives integrality in Indonesian criminal justice system and its influence in the integrated criminal justice system. Using a normative juridical method, this paper demonstrates that each sub-system of criminal justice (the Police, Prosecutors, Courts, and the prison) is in line with the main objectives of criminal law enforcement as found in various laws that govern the institutions.  

scholarly journals SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
I Dewa Gede Dana Sugama
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Corruption Case ◽  
Prudence Principle ◽  
Independent Institutions

This study discusses about Inadequacy Corruption Eradication Commission In Issuing Warrant Termination of Investigation In Corruption Case. The Commission is authorized to issue a warrant termination of the investigation and to determine the actions taken when the Commission which investigated corruption Commission was not enough evidence. The conclusion of this study is, first Corruption Eradication Commission is authorized to issue an Order for Termination of Investigation in accordance with Article 40 of Law No. 30 Year 2002 about Corruption Eradication Commission, consideration of the logic of juridical is that the Commission is not a core law enforcement within the criminal justice system and just as independent institutions that can be dismissed if there is no corruption in our country. The arrangement of Article 40 of Law No. 30 of 2002 is prudential or attitude of prudence principle for the Commission to work accurately, efficiently and professionally

scholarly journals Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Primary Source ◽  
Secondary Data ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

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