scholarly journals PARADIGMA KEADILAN RESTORATIF DALAM PENANGGULANGAN KEJAHATAN DENGAN MENGGUNAKAN HUKUM PIDANA

2017 ◽  
Vol 33 (1) ◽  
Author(s):  
Gregorius Widiartana
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Crime Prevention ◽  
Criminal Law ◽  
The Law

ABSTRACTThe criminal law that has been used as one of the means to eridicate crime is built on a retributive paradigm, so its repressive and coercive nature dominates. Based on the retributive paradigm, crime prevention is the sole authority of the law enforcement apparatus. Crime prevention based on the retributive paradigm is also offender oriented. Unlike the retributive paradigm, the paradigm of restorative justice offers another way of dealing with crime. In the retributive paradigm of justice, the sanction imposed does not aim to take revenge on the perpetrators of crime but rather sanctions that can arouse the perpetrator's responsibility for the suffering of the victim or sanction aimed at restoring the suffering of the victim. According to the paradigm of restorative justice, the process of solving crimes is done by involving perpetrators, victims and the community. Keywords: crime prevention, criminal law, retributive, restorative justice. INTISARIHukum pidana yang selama ini dipakai sebagai salah satu sarana untuk menangulangi kejahatan dibangun atas dasar paradigma retributif, sehingga sifatnya yang represif dan koersif begitu mendominasi. Berdasar paradigma retributif, penanggulangan kejahatan merupakan kewenangan tunggal aparat penegak hukum. Penanggulangan kejahatan berdasar paradigma retributif juga bersifat offender oriented. Berbeda dengan paradigma retributif, paradigma keadilan restoratif menawarkan cara lain dalam menanggulangi kejahatan. Dalam paradigma keadilan retributif, sanksi yang dijatuhkan tidak bertujuan untuk melakukan pembalasan terhadap pelaku kejahatan melainkan sanksi yang dapat menggugah tanggung jawab pelaku terhadap penderitaan korban atau sanksi yang bertujuan untuk memulihkan penderitaan korban. Menurut paradigma keadilan restoratif, proses penyelesaian kejahatan dilakukan dengan cara melibatkan  pelaku, korban dan masyarakat. Kata kunci: Penanggulangan kejahatan, hukum pidana, retributif, keadilan restoratif.

scholarly journals Legal Gap: Pertentangan Hukum Masyarakat dan Hukum Negara

2020 ◽  
Vol 10 (1) ◽  
pp. 54-72
Author(s):  
Saeful Bahar Bahar
Keyword(s):  
Law Enforcement ◽  
Social Science ◽  
Restorative Justice ◽  
Criminal Law ◽  
Logical Consequence ◽  
Sociology Of Law ◽  
Literature Study ◽  
Grassroots Level ◽  
The Law

This article highlights the controversy of revised act of corruption commission (UU KPK) and of the Book of Criminal Law (KUHP) which had heated up. By using legal gap theory, this writing uncovers the legal gap between the contents of revised KUHP and living laws. Consequently, people in the grassroots level seem more enthusiastic about the issue, for example, the fines because livestock entering other people yards than weakening KPK issues that drive a wave of demonstrations at the level of well-educated people. Many studies in the sphere of sociology of law that have conducted gave much attentions to the living law or norm in the mods of society. However there is not much of them which gave attention to the legal gap phenomena, it is the incompatibility between living law and formal one. Whereas, such an approach tend to be considered late if it we aim to put the sociology of law as one discipline of social science which is useful in strengthening the law enforcement. In the hilt of the matter, there is an issue of the legal gap which should have been expressed from the beginning, mainly as to the compatibility between formal and informal law when legislation was going on. By utilizing literature study, the research found that; firstly, the resistance against revised KUHP is the logical consequence of legal gap phenomena that has potential legal conflict. Secondly, there are four major manners could be done to resolve the gap; repression, counseling, reformation and restorative justice.

scholarly journals Law Enforcement against Children's Criminal Action Based On Law Number 11 of 2012 Concerning Children Criminal Justice Systems

2020 ◽  
Vol 8 (06) ◽  
pp. 226-235
Author(s):  
Feddy Hantyo Nugroho ◽  
Rodliyah ◽  
Amiruddin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Normative Study ◽  
Criminal Sanctions ◽  
Criminal Justice Systems ◽  
Objective Interpretation ◽  
The Law

This research was conducted to analyze and find out how criminal law policy is in the effort to apply criminal sanctions against children facing the law in terms of Law No. 11 of 2012 concerning the Criminal Justice System for Children and whether the concept of Diversity can be applied in the process of law enforcement against children involved in Narcotics Crimes. This research is a normative study, to analyze the legal material related to the problem under study, the author uses the Interpretation, Subjective and Objective Interpretation instruments, after that the authors process these legal materials by deductive thinking. The results obtained from the study that the drafting of Law Number 11 of 2012 is a replacement to Law Number 3 of 1997 concerning juvenile justice conducted with the aim of establishing a judiciary that truly guarantees the best protection of the interests of children facing the law as nation's next generation. The concept of Restorative Justice is one of the important things in Law Number 11 of 2012 where restoring the situation as it used to be the main goal and also no less important is the form of criminal sanctions that can be imposed on Children where criminal sanctions that are harsh and miserable are used as ultimum Remedium is not as a premium remedium especially as a maximum remedium. The concept of diversion that should be applied in Indonesia in the future, should be a combination of the concept of diversion that is applied in Australia, namely Police Diversion which is combined with the process of handling cases with the diversion prevailing in Indonesia today.

scholarly journals Legal Review Enforcement Repressive Legal Efforts Against Narcotics Users Of Children

2021 ◽  
Vol 1 (2) ◽  
pp. 1
Author(s):  
Alfredo Risano ◽  
Ayu Dian Ningtias
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Legal Basis ◽  
Original State ◽  
Legal Remedies ◽  
The Law

 In terms of enforcement the law. Second, legal instruments in the framework of criminal law enforcement abuse of narcotics against minors using a legal basis Law Number 11 of 2012 concerning the Criminal Justice System for Children. In the the provisions of the SPPA Law, in order to prosecute children who are involved with the law, then a diversion effort is carried out, namely a restorative effort or recovery state solve the problem together, in this research is focous about How are repressive legal measures against child narcotics users in under age?. As previously explained, in act Number 11 In 2012 concerning the Juvenile Criminal Justice System, there is a restorative principle (Restorative justice), which is aimed at restoring the original state, meaning efforts to restore the attitudes and mentality of children who have committed acts the crime of narcotics abuse to be as before or as a cure for the criminal act he has committed. Of course, the provisions of the Narcotics Law are not sidelined even though his repressive legal remedies are based on the provisions of law SPPA.

scholarly journals KEBIJAKAN HUKUM PIDANA PENYELESAIAN PERKARA TINDAK PIDANA MELALUI UPAYA DIVERSI BAGI PELAKU DEWASA DALAM MEWUJUDKAN KEADILAN RESTORATIF

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Bendry Almy
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Library Research ◽  
Research Goal ◽  
The Law ◽  
Criminal Legislation

ABSTRAKPrinsip keadilan restoratif dalam peraturan perundang-undangan hukum pidana yang berlaku di Indonesia hanya diatur dalam Undang-Undang Sistem Peradilan Pidana Anak (SPPA) yang diaplikasikan dalam bentuk diversi, namun diversi tersebut hanya ditujukan bagi pelaku tindak pidana anak bukan untuk pelaku dewasa, peraturan perundang-perundangan pidana Indonesia belum mengatur prinsip keadilan restoratif bagi pelaku dewasa. Dalam praktik penegakan hukum, penerapan prinsip keadilan restoratif bagi pelaku dewasa sebagian telah dilaksanakan melalui diskresi, namun secara teoritis dan pratik pelaksanaan diskresi masih bermasalah karena belum memenuhi tiga nilai dasar hukum yaitu keadilan, kepastian dan kemanfaatan, dan diskresi juga bisa menimbulkan permasalahan ketidakadilan, karena adanya perbedaan perlakuan dalam proses penegakan hukum, sehingga asas “equality before the law” tidak dilaksanakan. Tujuan penelitian adalah untuk mengetahui bagaimana pelaksanaan prinsip keadilan restoratif dalam peraturan perundang-undangan pidana yang berlaku di Indonesia dan bagaimana penerapan diversi bagi pelaku dewasa dalam rangka mewujudkan keadilan restoratif. Jenis penelitian yaitu penelitian hukum normatif atau penelitian hukum kepustakaan, untuk mencari dan menemukan data yang dibutuhkan untuk menjawab permasalahan. Hasil penelitian diketahui bahwa peraturan perundang-undangan hukum pidana Indonesia belum mengatur tentang prinsip keadilan restoratif bagi pelaku dewasa, prinsip keadilan restoratif diterapkan baru sebatas untuk pelaku anak yang diaplikasikan dalam bentuk diversi. Secara teoritis, historis, normatif dan praktik prosedural, diversi juga dapat diterapkan untuk menyelesaikan perkara tindak pidana yang dilakukan oleh orang dewasa, namun perlu adanya perubahan dan penyesuaian terutama dalam hal tujuan pelaksanaan, kwalifikasi jenis tindak pidana dan mekanisme atau prosedur pelaksanaannya.Kata kunci: kebijakan hukum pidana; anak; dewasa; diversi; keadilan restoratif.AbstractThe principle of restorative justice in criminal law regulations in force in Indonesia is only regulated in the Law on the Criminal Justice System for Children (SPPA) which is applied in the form of diversion, however the diversion is only intended for child offenders not for adult offenders, Indonesian criminal laws and regulations do not regulate the principle of restorative justice for adult offenders. In law enforcement practices, the application of the principle of restorative justice for adult offenders has been partially implemented through discretion, but theoretically and practically the implementation of discretion is still problematic because it does not meet the three basic legal values, namely justice, certainty and benefit, and discretion can also cause problems of injustice, due to differences in treatment in the law enforcement process, so the principle of "equality before the law" is not implemented. The research goal is to find out how the implementation of the principles of restorative justice in criminal legislation in Indonesia, and how the application of diversion for adult offenders in order to realize restorative justice. This type of research is normative research or library research, to search and find the data needed to answer the problem. The results of the study note that Indonesian criminal law regulations do not regulate the principles of restorative justice for adult offenders, the principle of restorative justice is applied only to the child offenders which is applied in the form of diversion. Theoretically, historically, normatively and procedural practice, diversion can also be applied to resolve cases by adult offenders, but there needs to be changes and adjustments especially in terms of implementation objectives, qualification of the type of crime and the mechanism or procedure for its implementation.Keywords: criminal law policy; children; adults; diversion; restorative justice.

scholarly journals PREVENTING AND FIGHTING CORRUPTION THROUGH PUBLIC POLICIES

2018 ◽  
Vol 2 (2) ◽  
pp. 189
Author(s):  
Dr. Drs. H. Dudu Duswara Machmudin S.H., M.Hum.
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Zero Tolerance ◽  
Public Policies ◽  
Political Corruption ◽  
Political Climate ◽  
Political Condition ◽  
The Law

<p>Law enforcement does not engage in a vaccum space, yet it is related to<br />variables of socio-political condition, mental of the law enforcers, criminal law<br />procedures, law ideology, NGOs, and legal awareness of the society. Moreover,<br />fighting corruption through law enforcement demands collective awareness as<br />stakeholders to actively participate in national efforts to prevent and eradicate<br />corruption. Measures taken on the prevention must be built in socio-political climate<br />and national collective culture which enforce zero tolerance to any forms of corruption, including bribery, gratification, trading influence, illicit enrichment, corporate corruption, political corruption, collusion, and nepotism.</p>

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

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.

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