scholarly journals PERLINDUNGAN KORBAN MELALUI KOMPENSASI DALAM PERADILAN PIDANA ANAK

2020 ◽  
Vol 5 (1) ◽  
pp. 119-136
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Court ◽  
The State ◽  
State Responsibility ◽  
Crime Victim ◽  
Victims Of Crime ◽  
Victim Protection ◽  
Empirical Condition

ABSTRAKArtikel ini bertujuan untuk menganalisis konsep perlindungan korban melalui kompensasi dalam peradilan pidana anak sebagai wujud tanggungjawab negara. Peradilan Pidana Anak di Indonesia melalui Undang-Undang Nomor 11 Tahun 2012 mengedepankan penyelesaian perkara anak melalui keadilan restoratif yang memberikan perlindungan yang seimbang antara perlindungan pelaku anak melalui diversi dan perlindungan korban tindak pidana anak. Diversi yang memberikan perlindungan yang seimbang antara pelaku dan korban ini merupakan pembaharuan dalam hukum pidana anak yang berkeadilan untuk semua pihak (Victim-offender oriented). Keterlibatan korban/keluarganya dan pelaku/keluarganya sangat menentukan berhasil atau tidaknya diversi dalam penyelesaian perkara anak. Posisi pelaku/keluarganya dan korban/keluarganya adalah sejajar. Kepentingan kedua belah pihak harus sama dan seimbang. Perlindungan korban melalui kompensasi merupakan wujud tanggungjawab negara terhadap warga negara yang menjadi korban tindak pidana. Kondisi empirik menurut data Badilum MA menunjukan rendahnya keberhasilan diversi (4%), kegagalan diversi ini penyebab utamanya adalah tidak tercapainya kesepakatan ganti kerugian karena kesepakatan diversi hanya diserahkan sepenuhnya pada kesepakatan pelaku dan korban. Disinilah menunjukan bahwa negara abai terhadap perlindungan korban, seharusnya ketika negara melindungi kepentingan pelaku anak melalui diversi maka seharusnya negara juga menjamin perlindungan korbannya melalui kompensasi, sehingga ke depan diharapkan tingkat keberhasilan diversi akan semakin baik. Kata kunci: kompensasi; korban tindak pidana; peradilan pidana anak; perlindungan korban. ABSTRACT This article aimed to analyze the concept of victim protection through compensation in juvenile criminal justice as a form of state responsibility. Juvenile Criminal Court in Indonesia through Law Number 11 of 2012 prioritizes the settlement of juvenile cases through restorative justice providing balanced protection between juvenile offenders through diversion and protection for victims of juvenile crimes through reform of juvenile criminal law that is just for all parties (victim-offender oriented). The involvement of the victim and his family and the perpetrator and his family will greatly determine the success or failure of diversion in solving juvenile cases. The position of the perpetrator and his family and the victim and his family are equal. The interests of both parties should be equal and balanced. Protection of victims through compensation is a form of state responsibility towards citizens who are victims of criminal acts. The empirical condition according to Badilum's data showed the low success of diversion (4%). The failure of this diversion is the main cause of the failure to reach an agreement for compensation because the diversion agreement is only left to the agreement of the perpetrator and victim. This showed that the state was ignorant of victim protection. When the state protects the interests of juvenile through diversion, the state should also guarantee the protection of the victims through compensation. Hence, the success rate of diversion will hopefully be better in the future. Keywords: compensation; juvenile criminal court; victims of crime; victim protection.

scholarly journals Being (almost) invisible: Victims of crime in the Italian juvenile criminal justice system

Temida ◽  
2014 ◽  
Vol 17 (4) ◽  
pp. 87-106
Author(s):  
Susanna Vezzadini
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Court ◽  
Judicial Discretion ◽  
Application Of Law ◽  
Emilia Romagna Region ◽  
Victims Of Crime

From 2008 to 2013 the author has been a Special Judge in the Juvenile Criminal Court of the Emilia Romagna Region. From that privileged perspective, it was possible to observe the dynamics of how victims of underage offenders were considered before the law, no differences if they are adults or minors, too. The reflections presented will first consider EU and UN provision on victims of crime; then, the normative framework supporting the Italian criminal juvenile justice system will be considered by an examining of the difficulties victims meet in that peculiar context. The implementation of juvenile criminal law shows the paradox victims of crime have to cope with. The Juvenile Criminal Court in Bologna recently started to promote a wide use of restorative justice measures as an attempt to correct the unfair consequences in the application of law, with judicial discretion interpreted as an instrument to favour victims? harm recognition and to protect their dignity as persons.

Conclusion

2020 ◽  
pp. 175-186
Author(s):  
Sean Fleming
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
New Technologies ◽  
Thomas Hobbes ◽  
The State ◽  
International Criminal Law ◽  
State Responsibility ◽  
The Future ◽  
International Responsibility

This concluding chapter summarizes the implications of the Hobbesian theory of state responsibility and then looks to the future. There are three ongoing trends that are likely to alter both the nature and the scope of state responsibility: the development of international criminal law, the proliferation of treaties, and the replacement of human representatives with machines and algorithms. Although the practice of holding individuals responsible for acts of state might seem to render state responsibility redundant, the rise of international criminal law will not lead to the decline of state responsibility. The two forms of international responsibility are complementary rather than competitive. If anything, the domain of state responsibility will continue to expand in the coming decades because of the proliferation of treaties. New technologies pose the greatest challenge to current understandings of state responsibility. Thomas Hobbes' theory of the state, which is mechanistic to begin with, is well suited to the emerging world of mechanized states.

scholarly journals Reforming the Compensation Model to Victims of Crime in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 08005
Author(s):  
Hanafi Amrani
Keyword(s):  
Restorative Justice ◽  
Secondary Data ◽  
Crime Victims ◽  
The State ◽  
Literature Study ◽  
Compensation Model ◽  
State Compensation ◽  
Protection Of Human Rights ◽  
Victims Of Crime ◽  
The Ideal

Indonesia has an obligation to place the protection of human rights against all its citizens, as well as in ensuring compensation for certain victims of crime. Ironically, the conceptual issues such as the inclusion of compensation on the existence of criminals who provide restitution, the unclear technical implementation in the normative legitimacy, as well as the financial problems of the state for compensation show that the compensation for crime victims in Indonesia is still problematic. This study focuses on the ideal idea of reforming the model, form and mechanism for providing compensation to victims of crime in Indonesia. This research uses normative research with secondary data. The approach taken include philosophical, legislation and conceptual, and analyzed descriptively qualitative through literature study. The results of research are; first, the state compensation of crime victims conceptually, juridically and practically has not been able to show the effectiveness of providing compensation for victims of crime; second, reconceptualizing the compensation model through an extra-judicial path, with a material and non-material compensation shape, and using a mechanism that focuses on the involvement of all parties as the concept of restorative justice is an alternative solution to compensation for crime victims in the future.

The Proper Role of a Victim-Compensation System

1975 ◽  
Vol 21 (1) ◽  
pp. 45-49 ◽  
Author(s):  
Stephen Schafer
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Criminal Court ◽  
Compensation System ◽  
The State ◽  
Proper Place ◽  
Proper Role ◽  
Victim Compensation ◽  
Significant Step

Compensation to the victim of a criminal injury is not effective if it consists merely of financial remedy supplied by the state. It should take the form of punitive restitution; that is, it must come from the offender's resources (either money or service) and it must be part of the criminal court sentence by being tied to whatever reformative plan is contemplated. Correctional restitution goes a significant step further than compensation by requiring the of fender to maintain a relationship with the victim until the victim's pre-injury condition has been restored to the fullest extent possi ble. It compensates the victim, relieves the state of some burden of responsibility, and permits the offender to pay his debt to society and to his victim. Thus it makes a contribution to the reformative and corrective goals of criminal law and finds its proper place in the criminal justice system.

scholarly journals UPAYA PERLINDUNGAN KORBAN TINDAK PIDANA PERKOSAAN DALAM SISTEM PERADILAN PIDANA INDONESIA

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (1) ◽  
Author(s):  
Akbar Sayudi
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
The State ◽  
Government Agencies ◽  
Protection Agency ◽  
Law Enforcement Agencies ◽  
Administration Of Justice ◽  
Legal Sanctions ◽  
Victims Of Crime ◽  
Victim Protection

The importance of the protection of victims of crime to obtain serious attention, it can be seen from one form of protection by the state is the administration of justice. In addition completeness of legislations, witness and victim protection agency (LPSK), law enforcement agencies, relevant government agencies, and other parties relevant, then the judicial function plays an important role. The function of the court not only making verdict, but also recept report of compensation, or restitution, announce it and ordered the agency or the parties to implement the decision and so on. By applying legal sanctions to the perpetrator, then it implies that it is a form of attention (protection) judicially to victims of crime. Legal protection to women who are victims of this crime is not just limited to the penalization to the perpetrators, but also to the consequences that happened to him, like a pregnancy caused by rape. Keywords: Protection, Victim, Rape

scholarly journals Restorative justice and the resolution of judicial conflicts: na analysis of the restorative justice Program of the General Department of Social and Education Actions (DEGASE –RJ)

2021 ◽  
Author(s):  
Marina Vitória Abrahão Cabral ◽  
Valdir Júnio dos Santos
Keyword(s):  
Conflict Resolution ◽  
Criminal Justice ◽  
Juvenile Offenders ◽  
Family Structure ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Rio De Janeiro ◽  
The State ◽  
Justice Program

The analytical and practical field of restorative justice is linked to the debates on the new social conflict management that challenge the institutional design of criminal justice and the Brazilian legal system. When starting from the problematization of the Brazilian criminal justice, we assume that the penalty under neoliberalism presents itself as a societal project that is sustained by the paradox of the potentiation of the police and penitentiary State and the minimization of the economic and social areas of action of the State. Thus, restorative justice emerges as an efficient conflict resolution mechanism, mainly because its criminal approach is based on equating relationships and repairing the damage caused to individuals and communities. In this context, this research aims at analyzing the impact of the implementation of the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE, abbreviation in Portuguese) established by Ordinance 441 of September 13, 2017, within the scope of the social and education units, as well as the challenges presented to those responsible for implementing the law in the state of Rio de Janeiro, Brazil (judges, public defenders, members of the Public Prosecution Service and the DEGASE System) inthe management of restorative practices directed at juvenile offenders deprived of freedom. This problematization raises questions about the limits of the definition of crime and punishment; the relationship between criminal law; and the protection of human rights. The research is structured in three stages: systematic review of the academic field of restorative justice and the Brazilian criminal justice system; elaboration of a framework of the experiences of policies developed in the field of restorativejustice in the state of Rio de Janeiro; and the elaboration of the sociodemographic profile of adolescents and their family structure –analyzing the variables:gender, infraction, age group, monthly family income, education, family structure, and territoriality. It is expected to obtain a critical view of the state of the art of literature on restorative justice in the Brazilian criminal justice system and the debate in the field of conflict resolution criminalized by juvenile offenders served by the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE).

scholarly journals RESTORATIVE JUSTICE: BRINGING JUSTICE FOR CRIME VICTIMS?

Obiter ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
PN Makiwane
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Crime Victims ◽  
The State ◽  
Therapeutic Jurisprudence ◽  
Crime Victim ◽  
Meaningful Participation ◽  
Administration Of Justice

To date, South Africa’s criminal justice system has been about crime and the punishment of offenders, and not about redress for crime victims. This can be ascribed to the nature of a criminal system that perceives crime to be a matter between the State and the accused, with the victim playing the marginal role of a witness. The retributive nature of our criminal justice has played a crucial role in the marginalization of the very person who was victimized, namely the crime victim. A number of countries have recently developed practices of restorative justice and therapeutic jurisprudence that have introduced an all-inclusive justice system that allows for participation by offenders, crime victims, their family members, the community and the State. Sadly, our country has been but tentative in its acceptance of restorative justice processes, with only a few thousands of individuals having benefitted from it since its inception. Although restorative justice is acclaimed as a system that allows for meaningful participation of victims in criminal processes, the author argues that the system favours mostly offenders, young offenders in particular, and is applied in respect of minor offences. For serious crimes, courts have been reluctant to embrace restorative justice processes, preferring to revert to the retributive system which is believed to have failed in reducing the crime rate in any country. In this article the author develops the idea that a lukewarm reception of restorative processes is detrimental to the administration of justice. It defeats the very purpose of victim involvement in the criminal justice system, and deprives the crime victim of the very benefits restorative justice is acclaimed for, namely healing and satisfaction.

Restorative Justice: A Contrivance of Compensatory Jurisprudence for the Victims of Rape in India

2019 ◽  
Vol 2 (2) ◽  
pp. 202-214
Author(s):  
S. Z. Amani ◽  
Nisha Dhanraj Dewani
Keyword(s):  
Criminal Justice ◽  
Special Reference ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Present Article ◽  
Criminal Law ◽  
Justice System ◽  
The State ◽  
Adversarial System ◽  
Rape Case

Victims in rape cases are invariably the forgotten part in India’s criminal adversarial system. While the accused, more often than not, is protected with all the resources available at the expenditure of the State, the victim is left to fend for herself with little or no support from the State machinery. She is merely transformed to a witness to watch the entire play being organized by the accused and the State as the protagonists. The violations of victim’s rights, the invasion of her dignity, the actual losses incurred to her do not constitute matter of concern of any one. India, at present, is faced with the situations where respect for criminal law has reduced to minimum; one of the crucial reasons being the hapless condition of the victims. Perhaps, the most dismal condition is witnessed in the rape case. The present article seeks to highlight the plight of victims in Indian Criminal Justice System with special reference to victims of rape and also highlights the attempts of the judiciary to fill all the gaps through restorative justice to repair the harm caused by criminals.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI

2016 ◽  
Vol 3 (2) ◽  
pp. 172
Author(s):  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Victims ◽  
Sexual Offenses ◽  
Victims Of Crime ◽  
Victim Protection ◽  
The Law

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.

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