scholarly journals THE PROGRESIVE RECHTSVINDING IN CRIMINAL JUSTICE PROCESS

2016 ◽  
Vol 1 (2) ◽  
pp. 214
Author(s):  
Wahyu Wahyu
Keyword(s):  
Criminal Justice ◽  
Legal Institutions ◽  
Legal Proceedings ◽  
Positive Law ◽  
New Beginning ◽  
The Social ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Substantive Justice ◽  
The Law

The positive law still dominates in Indonesian’s law. Currently the legal institutions must do a new beginning. Legal proceedings not often able to resolve the law issue clearly, even provide the substantive justice for both of the perpetrators and the victims. The discovery of progressive law in the criminal justice process is indispensable today.  For example is to implement the progressive judge’s decision that’s mean it is not just legalistic as a depictions of the constitution, judge’s decision not only to maintain order but to deliver improvements in public and to build the social harmonitations. For the last, judge’s decision must be visionary that reborned the courage morality  and legal breakthrough for the better nation.

scholarly journals RECONSTRUCTION PROTECTION OF LAW OF VICTIMS OF VICTIMS BASED ON JUSTICE VALUES

2017 ◽  
Vol 4 (3) ◽  
pp. 272
Author(s):  
Ervin Hengki
Keyword(s):  
Criminal Justice ◽  
Legal Protection ◽  
Difficult Case ◽  
Positive Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Way Of Thinking ◽  
The Law

The crime of rape is the most difficult case in the settlement, either at the stage of investigation, prosecution, or at the stage of the adjudication of the verdict. Legal protection of victims of criminal rape in positive law in Indonesia is currently not based on the value of justice, because there are still weaknesses, namely the weakness of the law, the weakness of the approach / way of thinking of law enforcers, as well as the weaknesses during the criminal justice process.

The Criminal Process

2019 ◽  
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Criminal Justice ◽  
Research Policy ◽  
Criminal Trials ◽  
Criminal Process ◽  
England And Wales ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
Normative Issues ◽  
Area Of Study

The Criminal Process continues to provides a reflective, contextualized consideration of doctrinal, practical, and normative issues in criminal processes and procedures. The text draws on arguments from the law, research, policy, and principle, to present an overview of this area of study. It focuses on England and Wales, with occasional comparative references. The book includes new coverage of contemporary issues, such as the disclosure of evidence in criminal trials and the treatment of victims, and on diversity and discrimination within the criminal justice process. Further reading suggestions and discussion questions are included at the end of each chapter.

scholarly journals ANALYSIS OF NOTARY HONORARY COUNCIL CONSENT AS GROUNDS OF IMPUNITY (STRAFUITSLAUTINGSGRONDEN) AGAINST REVELATION OF SECRETS

2017 ◽  
Vol 6 (3) ◽  
pp. 570
Author(s):  
Gaza Carumna Iskadrenda ◽  
Anggita Mustika Dewi
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Research Result ◽  
Secondary Data ◽  
Criminal Code ◽  
Public Prosecutor ◽  
The Public ◽  
Positive Law ◽  
Justice Process ◽  
Criminal Justice Process

<p><em>Article 66 paragraph (1) Act Number 2 of 2014 essentially regulates the consent of the Notary Honorary Council in the criminal justice process. The provisions in the a quo article have been still being applied and become a positive law in Indonesia. One of the criminal justice process in the notarial field relates to the criminal act of revelation of secrets as regulated in Article number 322 paragraph (1) of the Criminal Code. The consent given by the Notary Honorary Council as outlined above can certainly be viewed in the context of criminal law.</em></p><p><em><em>The research is a normative legal research using secondary data of both primary legal materials and secondary legal materials. The data collecting technique used is documentary study with written materials as the data collection tool to be analyzed qualitatively using content analysis.</em></em></p><p><em><em>The research result showed that in the context of criminal law, basically a notary who provides a copy of the deed and/or documents attached to the minuta deed or notarial protocol in the notarial archives for the purpose of the investigator, the public prosecutor or the judge has committed a criminal act of revelation of secrets as stipulated in Article number 322 paragraph (1) of the Criminal Code. However, the notary is not necessarily criminally liable considering the consent of the Notary Honorary Council as the grounds of impunity.</em></em></p><p><em><br /></em></p><p><em><strong><em>Keywords</em></strong><em>: Notary Honorary Council consent, grounds of impunity, criminal act of revelation of secrets.</em></em></p>

scholarly journals PERWUJUDAN KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK MELALUI DIVERSI

2017 ◽  
Author(s):  
Kristina Agustiani Sianturi
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
The Other ◽  
Public Prosecutor ◽  
Juvenile Deliquency ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
And Training

Every year, children in conflict with the law increases so it is needed to handle an alternative in the way to enforce restorative justice. Bill Number 11 0f 2012 concerning Juvinele Justice System which is accomodated to handle Juvenile Deliquency for diversion. This regulation defines diversion is the transfer of the settlement of the child to the criminal justice process outside the criminal justice process. Diversion obligates to be done by officers started from police investigator, public prosecutor until judge. The important of handling of diversion process for children in conflict with the law needed a commitment for every single officers to apply diversion process. On the other hand, education and training should be given to every officers especially police investigator, public prosecutor even judge relates handling children in conflict with the law.

scholarly journals Children's Rights Conflict with the Law in the Time of the COVID-19 Pandemic

2021 ◽  
Vol 10 ◽  
pp. 1154-1162
Author(s):  
Riduansyah Riduansyah ◽  
Risdalina Risdalina ◽  
Sriono Sriono ◽  
Indra Kumalasari M ◽  
Muhammad Yusuf Siregar ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Scientific Work ◽  
Primary Data ◽  
Special Treatment ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Special Rights

Children are individuals who are less than 18 years old. Children both in the constitution of the Republic of Indonesia and internationally have the right to be protected. This scientific work aims to analyze the rights of children who are in conflict with the law during the covid 19 pandemic, do children who are in conflict with the law during the covid 19 pandemic get special rights? The method used to obtain data in this scientific work is using the empirical juridical method with primary data obtained directly. Based on the results of the analysis conducted, the rights of children who are in conflict with the law during the COVID-19 pandemic in Indonesia get special rights or get special treatment. The rights of children given are the right to survival (survival rights), the right to grow and develop (development rights), the right to obtain protection (protection rights), the right to participate (participation rights). Giving health rights to children in conflict, and resolving legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children.

Mercy-Oriented Reentry and Reintegration

2020 ◽  
pp. 293-314
Author(s):  
Alexandra L. Cox ◽  
Reginald Dwayne Betts
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Social History ◽  
Life Histories ◽  
The Social ◽  
The Us ◽  
History Of ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Individual

In the US criminal justice system, sentencing determinations are frequently divorced from the social history of the individual accused of a crime and are rarely informed by our empirical knowledge about what forces may lead an individual to desist from offending. Yet, this knowledge can help drive key decisions to grant mercy to individuals at all stages of the criminal justice process, from plea to parole. This chapter argues that comprehensive life histories about individuals accused of crimes can shape sentencing practices in a way that facilitates the achievement of social justice through the attention to the ultimate reintegration of the person at the heart of the sentence.

Criminal Justice as Regulation

2020 ◽  
Vol 23 (1) ◽  
pp. 113-138
Author(s):  
Malcolm M. Feeley
Keyword(s):  
Criminal Justice ◽  
Problem Solving ◽  
Restorative Justice ◽  
Criminal Law ◽  
Problem Solving Courts ◽  
Recent Developments ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Responsive Regulation ◽  
The Law

Problem-solving courts and restorative justice programs provide important new alternatives to cope with recurring problems in the criminal justice process. But they are much more. They are harbingers of a new theory of the criminal justice process that challenges traditional accounts in fundamental ways. Although practices akin to problem-solving courts and restorative justice have long operated outside or below the radar of the theory of criminal law and the adjudicative process, over the past few decades these practices have come to the fore and are now supported with full-blown theories, which threaten to displace traditional accounts of criminal responsibility, criminal liability, and indeed the core features of the criminal justice process. The new theories are based on theories of regulation, where the objective is not so much to enforce the law as it is to secure compliance to the law in order to facilitate harm reduction and restore social order. Nowhere is this new development so clearly seen as in the opening chapters of John Braithwaite’s important book, Restorative Justice and Responsive Regulation. In this book, Braithwaite offers a full-throated theory of the new criminal justice process that is based on recent developments in regulatory theory and, most particularly, responsive regulation, which Braithwaite helped to develop. This model is implicit to varying degrees in any number of recent developments in the criminal justice process, and in this paper, I argue it has the potential for displacing the classical theory of criminal law.

scholarly journals DIVERSI BAGI ANAK YANG BERHADAPAN DENGAN HUKUM DI KABUPATEN TANA TORAJA

2020 ◽  
Vol 2 (2) ◽  
pp. 92-101
Author(s):  
Christian A Caesar
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Justice System ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Legal Research ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
To Receive

Diversion is the settlement of juvenile cases that have been transferred from the criminal justice process to the non-criminal justice process. This is because the child is the party who has not been able to legally account for his dressing. The purpose of the research was to analyse in depth the background execution of the diversion of the dealing with the law and the obstacles affecting the implementation of diversion. This research uses a type of normative empirical legal research by finding the empirical in the field that concerns the problems of primary that is obtained directly from the results of the interviews with respondents and interviewees as well as data secondary data is obtained through literature-literature which deals directly with the issue discussed in this study. The research results give a hint that execution is a form of diversion pemidanaan the more education against children as well as the factors that influence the implementation of restorative justice in the diversion on the criminal justice system, child is a factor the substance of the law, human resource law enforcement officers who have yet to grasp the versioned, support and cooperation among related agencies not optimal, and are also victims/families of the victims have not been able to receive them well on diversion.

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