scholarly journals ALTERNATIF MEDIASI PENAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA

2018 ◽  
Vol 1 (2) ◽  
pp. 127
Author(s):  
Reyner . ◽  
Dian Andriawan Daeng Tawang
Keyword(s):  
Law Enforcement ◽  
Customary Law ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Wide Society ◽  
Procedural Law ◽  
Law Enforcement Officials ◽  
Special Rule ◽  
Investigation Process ◽  
Regulations And Guidelines

In general, penal mediation can be said as a concept that brings together the victims and criminals to discuss their interests and willingness in order to resolve criminal cases that have occurred between them, and are assisted by a mediator who is neutral and help to resolve criminal cases by giving advice and mediating as mediators. The results of the research conducted by normative research and through several literature such as legal books, regulations, and guidelines, show that in fact, reason mediation has been carried out in the community and carried out by several law enforcement officials in the framework of the settlement process criminal. What is done in the midst of Indonesian society is only a peace process that shows customary law as its branch and many are applied within the police in the investigation process to carry out procedures for resolving criminal acts. The importance and need for penal mediation to be applied in formal law that is developing and prevailing in society can be a special rule that is regulated and is part of criminal procedural law for the sake of legal certainty. Penal mediation can be applied at the level of investigation by the police in the process of resolving criminal cases and creating equal welfare and justice in the wide society for sure

scholarly journals Visum et Repertum as Evidence for Criminal Acts in Domestic Violence

2020 ◽  
Vol 1 (2) ◽  
pp. 43-53
Author(s):  
Jatmiko Raharjo ◽  
Syamsuddin Muchtar ◽  
Audyna Mayasari Muin
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Legal Research ◽  
Law Enforcement Officials ◽  
Valid Evidence ◽  
The Law

The aim of the study is to determine the application of Visum et Repertum as evidence for criminal acts in domestic violence. This study was empirical legal research. The location of this study was conducted in Kejaksaan Negeri Klaten. The result of the research showed that as proof of domestic violence with evidence Visum et Repertum was one of the law enforcements oriented to realize for legal certainty and protection of victims in proving the occurrence of criminal acts in domestic violence. The lack of evidence bothers the process of law enforcement, regarding requirements to determine the victim provided at least two evidence and for the judges to decide on criminal cases with valid evidence at least can be avoided by using Visum et Repertum. The obstacles to prove the evidence for criminal acts in domestic violence with Visum et Repertum includes the differences of understanding among law enforcement officials about the use of Visum et Repertum for criminal acts in domestic violence.

scholarly journals ADVOCATE ASSISTANCE AGAINST WITNESSES TOWARD THE SUSPECTED IN THE INVESTIGATION PROCESS OF CORRUPTION CRIMINAL ACT

2020 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Alamsyah Bahari
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Cases ◽  
Law Enforcement Officials ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Right ◽  
To Receive ◽  
Investigation Process ◽  
Clear Description

In order to create a good and transparent criminal justice process so that there is no imbalance between witnesses and law enforcement officials, advocate assistance to witnesses in the investigation process in cases of corruption is necessary because not everyone has mental readiness or knowledge regarding the law in the investigation process. This study aims to provide a complete and clear description of the procedure for examining witnesses who are accused in the process of investigating cases of corruption by authorized institutions and a description of the legal basis for anti-corruption institutions in implementing the prohibition on advocacy assistance to witnesses during the process of investigating criminal cases. corruption. The research method used by researchers is the normative juridical research method. The anomaly in the attitude of the investigator appears when the advocate accompanies a witness who is asked to present it by the reported party or the suspect. Before the examination, the investigator informs the witness that the presence of an Advocate in a witness examination is not obligatory. Advocate witness assistance should also be added to be strictly regulated in the regulations, to prevent unnecessary polemics on this matter. It also includes that the witness has the right to receive a copy of the examination report.

scholarly journals Potensi Penanganan Pidana Harta Benda melalui Konsep Diversi

2021 ◽  
Vol 2 (2) ◽  
pp. 50-58
Author(s):  
Abdurrifai Abdurrifai
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Third Parties ◽  
Customary Law ◽  
Legal Certainty ◽  
Property Crimes ◽  
Law Enforcement Agency ◽  
Law Enforcement Officials

This study aimed at examining how and is it possible the setteling property crimes with the concept of diversion through the principle of restorative justice. This was the normative research, with the concept, historical, philosophy. Data were collected using the documentation studies and interviews. The sources of the data were analyzed by description, comparison, evaluation, and argumentation. The research results incicate that deliberation to reach consensus by involving victims, perpetrators and their families, law enforcement officials and third parties is the spirit of the concept of diversion through the principle of restorative justice. The deliberation proces between the prepetrator and the victim and/or the victim‘s family is carried out freely with the principle of equality and balance, so that the resulting decisions reflect justice, benefit and legal certainty. The concept of diversion through the principle of restorative justice for property crimes, has essentially been practiced customary law communities in Indonesia have long been and are still practiced, however, the Indonesian legal system or the criminal justice system has not been strictly regulated in the from of a law. The use and application and regulation are stillat a discretionary level in each law enforcement agency.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

scholarly journals PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DENGAN KERUGIAN NEGARA YANG KECIL DALAM MEWUJUDKAN KEADILAN

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Ahmad Muchlis
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Attorney General ◽  
Legal Basis ◽  
Legal Certainty ◽  
Small Loss ◽  
Circular Letter ◽  
Law Enforcement Officials ◽  
The Law ◽  
Court Proceedings

The Circulars letter of deputy attorney of general for special crimes number: B-113/F/ Fd.1/05/2010 can be used as a reference by prosecutors in doing law enforcement against corruption with small losses, but in practice law enforcement, this circular letter is making trouble in practice. The results of this research, namely: the law enforcement against corruption with a small loss of state must pay attention to the values of justice, expediency, and legal certainty. In enforcing the law against corruption with small losses only can be stopped during an investigation by utilizing the exchequer and redress demanded. the reason corruption cases with small losses were still continued by the prosecutor to the court proceedings after enactment of circulator letter because circulator letter contrary to corruption constitution and it has no the strength or binding in legal basis. The Suggestions are addressed for law enforcement officials (police, prosecutor, and judge) in order to do the law enforcement against corruption with small losses in order consider the value of a legal basis, namely: fairness, expediency and certainty. The circular letter of deputy attorney general for special crimes number: B-1113/F/Fd.1/05/2010 in order to be taken as government consideration in formulating the new rules (Ius constituendum). Key words: Corruption, Law Enforcement, Justice

scholarly journals Pendampingan Hukum Bagi Penyandang Disabilitas di Kota Medan dan Binjai

2018 ◽  
Vol 1 (1) ◽  
pp. 199-202
Author(s):  
Rosmalinda Rosmalinda ◽  
Arif Arif ◽  
Ainul Mardiyah
Keyword(s):  
Law Enforcement ◽  
Legal Services ◽  
Legal Assistance ◽  
Disabled People ◽  
Criminal Cases ◽  
Legal Cases ◽  
Persons With Disabilities ◽  
Criminal Offenses ◽  
Law Enforcement Officials ◽  
Depth Interviews

Setiap orang adalah sama didepan hukum tak terkecuali penyandang disabilitas. Penelitian berjudul ―Model Pendampingan Hukum Bagi Difabel (Orang Yang Berkebutuhan Khusus) Yang Berhadapan Dengan Hukum Di Kota Medan dan Binjai didukung oleh DIKTI dalam Skim Penelitian Hibah bersaing. Peneliti berharap diakhir penelitian akan diperoleh informasi; Pertama, situasi penyandang Disabilitas mengakses layanan hukum yang tersedia di masyarakat. Kedua, persfektif Organisasi atau Lembaga penyedia layanan bantuan hukum bagi Penyandang Disabilitas. Untuk memperoleh tujuan yang diharapkan penelitian dilakukan menggunakan metode normatif empiris. Peneliti melakukan pengumpulan peraturan hukum dan menganalisanya dilanjutkan dengan pengumpulan data lapangan melalui Wawancara mendalam dengan beberapa informan di Kota Medan dan Binjai. Beberapa temuan awal penelitian memperlihatkan bahwa Kota Medan dan Binjai memiliki kasus pidana yang melibatkan penyandang disabilitas baik sebagai Pelaku, Korban dan Saksi. Tindak Pidana yang melibatkan penyadang disabilitas ini adalah Kekerasan seksual meliputi pelecehan seksual, perkosaan dan incest. Temuan lain penelitian adalah adanya kendala bagi Aparat Penegak Hukum dalam penanganan kasus yang melibatkan Penyandang Disabilitas ini. Penelitian ini menyimpulkan bahwa dalam penanganan kasus hukum yang melibatkan penyandang disabilitas memiliki tantangan khusus terkait keterbatasan penyandan disabilitas. Tantangan tidak hanya dihadapi oleh penyandang disabilitas dan keluarga tetapi juga Aparat Penegak Hukum (APH).   Everyone is equal before the law, including people with disabilities. The study entitled ―The Legal Assistance Model For Disabled (People Who Have Special Needs) Dealing with Law in Medan and Binjai Cities was supported by DIKTI in Competitive Research Schemes. The researcher expected that information would be obtained at the end of the study; First, the situation of persons with disabilities accessing legal services available in the community. Second, the perspective of Legal Aid Services organizations or institutions for persons with disabilities. To obtain the expected goals, the study was conducted using empirical normative methods. The researcher collected and analyzed legal regulations, followed by data collection through in-depth interviews with several informants in the cities of Medan and Binjai. Some preliminary findings of the study showed that Medan and Binjai had criminal cases involving persons with disabilities as Actors, Victims, and Witnesses. The criminal offenses involving persons with disabilities were sexual violence including sexual harassment, rape, and incest. Another finding of the research shows that there were obstacles for Law Enforcement Officials in handling cases involving this Dissability. This study concluded that there were special challenges related to the limitations of disability genders in handling legal cases involving persons with disabilities. The challenges were faced not only by persons with disabilities and families, but also by Law Enforcement Officials (APH).

scholarly journals FAKTOR YANG MEMPENGARUHI PELAKSANAAN ACARA PEMERIKSAAN CEPAT DI PENGADILAN NEGERI BANGLI

2020 ◽  
Vol 14 (2) ◽  
pp. 37
Author(s):  
Desyanti Suka Asih K.Tus ◽  
I Gede Putu Mantra ◽  
Ni Wayan Ardani
Keyword(s):  
Law Enforcement ◽  
Social Status ◽  
Criminal Code ◽  
Cultural Factors ◽  
District Court ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Legal Rules ◽  
Community Facilities ◽  
Examination Process

<p>The court is obliged to uphold justice regardless of one’s social status. Resolving criminal cases is carried out through the courts with various types of examination processes. The examination process is referred to as a normal examination, a short examination, a quick examination in accordance with the Criminal Code. Therefore, it is necessary to know whether the implementation of the rapid inspection program has been carried out in accordance with the<br />applicable rules both in the Criminal Code and other legal rules. The implementation of the quick inspection program at the Bangli District Court can be carried out effectively and efficiently so that the achievement of legal objectives, namely justice and legal certainty for the entire community. It is inseparable from the factors that influence its implementation. So that in this<br />study the author discussed what are the factors that influence the implementation of the rapid inspection program in Bangli District Court and whether there are any factors that become obstacles in the implementation of the rapid examination program at Bangli District Court. The results of the study are as follows: Factors that influence the implementation of the rapid inspection<br />program at Bangli District Court namely; law enforcement, community, facilities and facilities as well as cultural factors.</p>

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals Ideal Concept of Traditional Justice in Solving Criminal Case

2022 ◽  
Vol 11 (1) ◽  
pp. 293
Author(s):  
Erni Dwita Silambi ◽  
Pangerang Moenta ◽  
Farida Patittingi ◽  
Nur Azisa
Keyword(s):  
Customary Law ◽  
Legal Basis ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Information ◽  
Under Five ◽  
National Courts ◽  
Unwritten Rule ◽  
The Ideal

Customary law is an unwritten rule that lives in the customary community of an area and will continue to live as long as the community still fulfils the customary law that was passed on to them from their ancestors before them. Settlement in criminal cases through customary law that produces results is a form of legal certainty. This study aims to determine the ideal concept in resolving criminal cases through customary courts in Merauke Papua. The method used in this study is a combination of normative legal research and empirical legal research with the reason that the author wants to examine the norms related to the problem of resolving customary criminal cases and seek direct information on the implementation of customary justice in Merauke Regency which is presented descriptively. recognition of customary courts must be stated in writing in the law on judicial power so that this institution has a clear legal basis and its decisions can be recognized so that it does not need to be tried again through national courts, criminal threats under five years must be resolved through customary courts and are final decisions   Received: 23 August 2021 / Accepted: 25 October 2021 / Published: 3 January 2022

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