scholarly journals Pembunuhan Anak oleh Ibu Kandung yang di Bawah Umur

2021 ◽  
Vol 2 (1) ◽  
pp. 188-192
Author(s):  
Putu Ayu Devi Laxsmi ◽  
I Ketut Sukadana ◽  
I Nyoman Sujana
Keyword(s):  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Sanction ◽  
Criminal Cases ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Concepts ◽  
Case Number

A phenomenon of the occurrence of criminal acts committed by children with various and various cases and characteristics that have not been able to account for their actions legally, which in Law Number 11 of 2012 concerning the Juvenile Justice System, is intended to provide protection and protection for children in to welcome his long-term future, but besides children as victims of criminal acts, it is possible for children to be criminals. Therefore, how is the judge's judgment in imposing a criminal sentence on a child who commits a criminal act of murder in Decision Number: 18/Pid.Sus.Anak/2016/PN. Dps? And what is the criminal sanction imposed by the judge on the perpetrator of the crime of murder the Number: 18 /Pid.Sus.Anak/2016/PN. Dps. In this study the author uses the Normative research method through his study of literature studies, while the problem approach in this study uses a legislative approach that analyzes legislation and uses a conceptual approach that analyzes problems with legal concepts from books and literature and approaches the case. The results of this study are Judges in considering criminal cases Number: 18/Pid.Sus.Anak /2016/PN. DPS, which is carried out by children because the perpetrators of criminal offenses are still underage, and have never committed an unlawful act before and promised not to repeat other violations of law. And Based on the case of killing a child as referred to in case Number: 18/Pid.Sus.Anak/2016 /PN. DPS, the coercion of criminal sanctions is not applied, but the implementation of Diversion lead on number 11 of 2012 concerning juvenile justyce sistem and in paragraph (2) letters a and b must be sought for Diversion, with terms and conditions Parents are willing to maintain, guide and supervise their children so that they will not repeat their actions.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

scholarly journals Implementation Of Restorative Justice Approach In Legal Protection Against Lightweight Crime By The Children

2018 ◽  
Vol 1 (4) ◽  
pp. 943
Author(s):  
Rizky Adiyanzah Wicaksono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Supreme Court ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
And Control

Children who were doing mischief that led to the crime, should be against the law to account for his actions. Currently, prevention and control delinquency that resulted in minor criminal offenses is done through the implementation of the juvenile justice system to a restorative justice approach. The concept of restorative justice becomes a very important consideration in resolving criminal cases committed by children. The Supreme Court has issued a Supreme Court Regulation (Perma) No. 2 of 2012 on the Limitation Adjustment light crime and the amount of penalties in the Criminal Code, which essentially stipulates that the value limit losses in tipiring (Lightweight Crime) case is a maximum of 2.5 million, and against the threat case maximum criminal penalty of three months imprisonment or fine, as well as in the settlement tipiring must promote Restorative Justice. Child settlement, which is directed to resolving informally or out of court, with the involvement of all parties involved in the criminal act has occurred. Minor criminal offenses committed by children under the Act No. 11 of 2012 carried through the diversion mechanism by way of mediation or deliberation.Keywords: Restorative Justice; Lightweight Crime; Children.

scholarly journals PERTANGGUNGJAWABAN TINDAK PIDANA PENGEDAR GANJA YANG DILAKUKAN OLEH ANAK (BERDASARKAN PUTUSAN No. 10/PID.SUS.ANAK/2015/PN.STB

2020 ◽  
Vol 28 (3) ◽  
pp. 419
Author(s):  
Bella Khairunnisa ◽  
Joni Firdaus Ginting ◽  
Rini Damayanti Sijabat ◽  
Rahmayanti Rahmayanti
Keyword(s):  
Government Policy ◽  
Justice System ◽  
Juvenile Justice System ◽  
Economic Conditions ◽  
Internal Factors ◽  
Criminal Sanctions ◽  
Surrounding Environment ◽  
Criminal Offenses ◽  
Special Child ◽  
The Government

Government policy in providing protection to children, especially in the crime of cannabis dealers becomes very important. Because children are the next generation to continue the nation's development. There are 2 factors that cause this crime, namely external factors (free will, curiosity) and internal factors (economic conditions and the surrounding environment). Regulations regarding this criminal act are regulated in article 6 Number 35 of 2009 concerning narcotics, governing criminal offenses, regarding specific criminal sanctions as well as the types of sanctions and the length of the crime. In this case, the judge's policy should not be based too much on Law Number 11 of 2012 concerning the juvenile justice system, which continues to interpret the existing law. And the government should provide the assistance of a supervisory body, namely the Special Child Development Institute. and create educational and coaching programs that are supervised by the Penitentiary.

scholarly journals Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems

2020 ◽  
Vol 36 (1) ◽  
pp. 53-62
Author(s):  
John Kenedi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Conceptual Approach ◽  
Constitutional Protection ◽  
Unfair Treatment ◽  
Criminal Offenses ◽  
Constitutional Protections

The constitutional protections toward crime witnesses in Indonesia are indisputably inevitable. As an effort to uphold justice, Indonesia relies on the formal mechanism of criminal law known as the criminal justice system. The system starts from reports by the police, prosecution by the prosecutor, to the stage of a trial in a court, and execution in a prison. Throughout its development, the criminal justice system seemed to focus more on protecting criminal offenses (criminal oriented) rather than paying attention to the rights of witnesses and victims (witness and victim-oriented). Therefore, the studies that concern the rights of witnesses and victims are highly needed in order to figure out ways to balance the treatment between the suspects/defendants and the witnesses and victims. Through the use of the statue approach and conceptual approach, the positions and the rights of legal protection for witnesses and victims are thoroughly captured and described in this current research. Besides, the factors causing uneven attention and unfair treatment toward crime victims are also specifically identified.

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 Model Of Punishment: Juvenile Justice Systems

2021 ◽  
Vol 3 ◽  
pp. 35-56
Author(s):  
Rafika Nur ◽  
Handar Subhandi Bakhtiar ◽  
Nurul Miqat ◽  
Darmawati Darmawati ◽  
Mustawa Mustawa
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Special Treatment ◽  
Criminal Sanctions ◽  
Two Systems ◽  
The Law ◽  
Justice Systems ◽  
Special Rights

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law.  This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.

scholarly journals Sanksi Pidana oleh Tindak Pidana Mengedarkan Simpanan Farmasi Kosmetika Tanpa Izin Edar (Studi Kasus Putusan Pengadilan Negeri Denpasar No. Perkara 491/Pid.Sus/2018/PN DPS)

2021 ◽  
Vol 2 (1) ◽  
pp. 218-222
Author(s):  
Rafael Aza Pramesuari ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Court Decision ◽  
District Court ◽  
Criminal Sanction ◽  
Legal Argument ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Case Number

This study aims to identify and explain criminal sanctions for cosmetic producers or sellers who do not have this distribution license. The type of research used is normative legal research by analysing cases using the Denpasar District Court Decision Case Number 491/Pid.Sus /2018/ PN DPS. This study uses a statutory approach by examining all laws related to this case, conceptually by combining the opinions of experts so that it becomes the author's legal argument, and the case approach is by using a court decision. The results of the study show that there must be elements that indicate that a person has committed a criminal act, and in this writing there are 3 (three) elements that explain that the defendant committed a criminal act. Imposition by the criminal sanction of distributing cosmetic pharmaceutical deposits that do not obtain a distribution permit as regulated in Law Number 36 of 2009 concerning health is regulated in articles 197-201. In this case, the Panel of Judges considered Article 197, namely a maximum imprisonment of 10 (ten) years and a maximum fine of 1,000,000,000 (one billion rupiah). However, the defendant here does not need to undergo the sentence unless later there is another order from the Judge's decision that he has been guilty of committing a criminal act during the probation period has not ended.

scholarly journals PENERAPAN SANKSI TINDAKAN PADA ANAK YANG MELAKUKAN BULLYING SEHINGGA MENYEBABKAN TRAUMA PADA KORBAN DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Evita Monica Chrysan ◽  
Yiska Marva Rohi ◽  
Dini Saputri Fredyandani Apituley
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Formal Education ◽  
Juvenile Justice System ◽  
Physical Violence ◽  
Negative Impact ◽  
Deterrent Effect ◽  
Criminal Sanctions ◽  
The Government

AbstractBullying or so-called harassment is an act where one or more people try to hurt or control another person by means of physical violence, such as hitting, pushing, and so on as well as verbal bullying such as insulting, shouting, using harsh words, post things that can intimidate someone on social media or anywhere. Acts of bullying generally occur in school children who are underage. Bullying is a matter that must be considered and needs to be treated seriously, considering that the action can endanger the mental and life of a person if done in an excessive manner as well as each person has a limit on themselves regarding the level of bully that exceeds that limit. The regulation of legislation governing criminal sanctions for children is Law Number 11 of 2012 concerning the Juvenile Justice System. Therefore the bullying action that has a negative impact is a criminal offense and it is necessary to apply sanctions on the bullying child in a strict manner which not only causes a deterrent effect but the sanction is sought in order to improve behavior considering that a child is the nation's next generation as well as the application of action sanctions for children regulated in Article 82 paragraph (1) letter e of Law Number 11 Year 2012 concerning the Criminal Justice System for Children, namely the obliga-tion to attend formal education and/or training provided by the government or private bodies.Keywords: application of sanction actions on children; bullying; criminal justice system for childrenAbstrakBullying atau disebut perundungan adalah tindakan dimana satu orang atau lebih mencoba untuk menyakiti atau mengontrol orang lain dengan cara kekerasan baik menyakiti dalam bentuk fisik, seperti memukul, mendorong, dan sebagainya serta bullying dalam bentuk verbal seperti menghina, membentak, menggunakan kata-kata kasar, memposting hal yang dapat mengintimidasi seseorang di sosial media atau di tempat manapun. Tindakan bullying pada umumnya terjadi pada anak sekolah yang masih di bawah umur. Tindakan bullying menjadi hal yang harus diperhatikan serta perlu mendapat penanganan serius mengingat tindakan tersebut dapat membahayakan mental serta nyawa seseorang apabila dilakukan dengan cara berlebihan sebagaimana pula tiap-tiap orang memiliki batasan pada diri masing-masing mengenai tingkatan bully yang melampaui batas tersebut. Regulasi dari peraturan perundang-undangan yang mengatur sanksi pidana bagi anak adalah Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak. Maka dari itu tindakan bullying yang menimbulkan dampak negatif tersebut merupakan suatu tindak pidana dan diperlukan penerapan sanksi pada anak pelaku bullying secara tegas yang bukan saja menimbulkan efek jera namun sanksi tersebut diupayakan agar dapat memperbaiki perilaku mengingat seorang anak adalah generasi penerus bangsa seperti halnya penerapan sanksi tindakan pada anak yang diatur dalam Pasal 82 ayat (1) huruf e Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak yaitu kewajiban mengikuti pendidikan formal dan/atau pelatihan yang diadakan oleh pemerintah atau badan swasta.Kata kunci: bullying; penerapan sanksi tindakan pada anak; sistem peradilan pidana anak

scholarly journals CAUSES OF RADICALISM BASED ON TERRORISM IN ASPECT OF CRIMINAL LAW POLICY IN INDONESIA

2019 ◽  
Vol 8 (2) ◽  
pp. 196
Author(s):  
Fitri Wahyuni
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Justice System ◽  
Research Method ◽  
Deterrent Effect ◽  
Legal Research ◽  
Conceptual Approach ◽  
Counter Terrorism ◽  
Criminal Sanctions ◽  
The Many

The phenomenon of radicalism based on terrorism in Indonesia shows a frightening symptom. This can be seen from a number of events that took place in several cities in Indonesia which took action in the name of acts of terror or terrorism such as the 2nd Bali Bombing which killed 22 people and 102 injured. The JW Marriot and Ritz Calton Hotel bombings in 2009 killed nine people and 50 people were injured and the Sarinah Plaza Bomb Jl. MH Thamrin Jakarta on January 14, 2016. With the many actions in the name of terrorism, it is necessary to take steps to anticipate similar actions not being repeated back. This study wants to examine and analyze further about efforts to counter terrorism-based radicalism in Indonesia through criminal law policy. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The policy in counteracting terrorism in Indonesia is carried out through criminal law policies, namely criminal law policies through means of reasoning and non-reasoning. Penal means in the form of granting criminal sanctions for perpetrators of terrorism with the threat of imprisonment to the most severe threat in the form of capital punishment. But this effort has not provided a deterrent effect for the perpetrators. In criminal law, punishment is not an end in itself and is not the only way to achieve criminal objectives or objectives of the criminal justice system. Therefore another effort is needed which in criminal law is known as a non-reasoning effort.

scholarly journals Proportionality of response to criminally illegal behavior of minors

2021 ◽  
Vol 2 (16) ◽  
pp. 84-98
Author(s):  
Liliia Yuriivna Timofeyeva
Keyword(s):  
Juvenile Justice ◽  
Juvenile Justice System ◽  
Criminal Code ◽  
International Standards ◽  
Best Interests ◽  
Educational Impact ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Juvenile Sentencing ◽  
The One

Modern international standards indicate that the basis of criminal law policy to prevent juvenile delinquency should be a child-friendly juvenile justice system. This system focuses on the application of alternative and non-criminal sanctions (warning, reprimand, restitution and compensation). Based on international standards of juvenile justice, we can note their focus on ensuring the best interests of the child, the predominance of sanctions and measures that may have an educational impact, compensation for damages, creating conditions for reconciliation of victims and offenders and eliminating the consequences of crime, ensuring a meaningful life of a teenager in society. Juvenile sentencing is more loyal approach and shown in comparison with adults with regard to property penalties (if the minor has income or property) (parts 1, 3 of Article 99 of the Criminal Code of Ukraine), reduced limits of punishment (parts 1, 2 of Article 100, 101, part 1 Article 102 of the Criminal Code of Ukraine), restriction of using of imprisonment depending on the gravity of the crime and the characteristics of the juvenile. It is established that in addition to ensuring the best interests of the child and the use of as many non-punitive measures as possible against juvenile, it is also necessary to pay attention to other circumstances of the case. In particular, a balance must be struck between the best interests of the juvenile and a proportionate response to his or her behavior. In particular, it is necessary to take into account the repeated commission of criminal offenses, as well as the one-time application of incentive rules to juvenile. And pay attention to alternatives to imprisonment that may be more effective. In particular, mediation and rehabilitation practices can be more effective.

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