scholarly journals The Completion of Misdemeanor through Rembuk Pekon in Lampung Province

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 159
Author(s):  
Zulfi Diane Zaini ◽  
Lintje Anna Marpaung ◽  
Zainab Ompu Jainah ◽  
Thia Remona Febrianti ◽  
Sija Putra Rulanda
Keyword(s):  
Restorative Justice ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Criminal Code ◽  
Primary Data ◽  
Criminal Offence ◽  
Criminal Cases ◽  
Legal Consequences

The resolution of a criminal offence does not have to be carried out through legal channels. Still, it can be done in the spirit of restorative justice, one of which uses the principle of ADR (Alternative Dispute Resolution) or (win-win solution) through the Rembuk Pekon which means through consensus agreement. This study aims to determine what crimes can be resolved with the Pekon consultation, how the process is resolved, and what the legal consequences are. This study uses an empirical normative method by examining the methods, norms, rules and primary data through observation and interviews, the results of the study indicate that the types of criminal acts that can be resolved with Rembuk Pekon include minor criminal offences Article 302, Article 352 paragraph (1), Article 364, Article 373, Article 379, Article 482, Article 315, Article 407 paragraph 1, and the criminal offence of complaint Article 284 of the Criminal Code. So in this study will discuss how the process of resolving minor criminal cases through the Rembuk Pekon and the authors have a suggestion that the police should implement the Rembuk Pekon to prioritize the principles of professional, modern and reliable, this so that the implementation of the Rembuk Pekon can run optimally.

scholarly journals Mediasi Sebagai Alternatif Penyelesaian Tindak Pidana Penganiayaan Ringan yang Dilakukan oleh Anak di Kabupaten Gianyar

2021 ◽  
Vol 2 (2) ◽  
pp. 339-345
Author(s):  
Dewa Gede Agung Getsumeda ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Secondary Data ◽  
Legal Regulation ◽  
Primary Data ◽  
Legal Research ◽  
Criminal Offenses ◽  
Peaceful Settlement ◽  
Legal Consequences ◽  
Laws And Regulations

For parties who wish to resolve disputes without trial or arbitration, alternative dispute resolution is an option. This choice is entirely dependent on the wishes of the disputing parties. There is a dispute between the two parties so that each party can choose the method used. This study aims to determine the legal regulation of minor maltreatment committed by children through mediation and to find out the legal consequences if minor maltreatment crimes committed by children are resolved through mediation. The type of research used is normative legal research. Primary data is obtained from field reviews while secondary data is obtained from articles, laws and regulations, from books. In addition to these provisions, minor violations that can be resolved through mediation are criminal acts which can be in the form of confinement or imprisonment for a maximum of 3 (three) months or a maximum of Rp. 7,500.00 (Seven thousand five hundred). Criminal offenses committed by children under 8 years. The conclusion of this study is that the legal consequences if the crime of minor maltreatment committed by children is resolved through mediation, including settlement through deliberation, peace and agreement of the perpetrator, victim and family so as to produce a win-win solution. A peaceful settlement is basically an agreement that the parties consider good from all other ways.

scholarly journals Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

scholarly journals ISLAH MENURUT HUKUM ISLAM RELEVANSINYA DENGAN PENEGAKAN HUKUM PIDANA DI TINGKAT PENYIDIKAN

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Waluyadi ,
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Dispute Resolution ◽  
Empirical Research ◽  
Alternative Dispute Resolution ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Case ◽  
Criminal Matters ◽  
Case Based

<p align="center"><strong><em>Abstract</em></strong></p><p><em>The purpose of this reseach is to describe the reality of peace at investigation levels,  then compared to islah according to Islamic law as the reason of criminal removing, to find / to know the relevance. Based on the relevance, it possible become material for the legislators to formulate islah as a model of law enforcement at the level of investigation. This research is the normative research supported by empirical research. The data used was primary and secondary data. Data was collected by means of study documentation and interviews. Data were analyzed quatitatively dan and presented quatitatively. The research showed that the completion of criminal case based on the agreement between perpetrator and victim, along the case have not reached the judge. If the agreement is violated, they agreed to use the formal law. Criminal case which are resolved with peace/islah personalized and value of the loss is relatively small. Islam placing islah as an alternative the completion of criminal matters, along the case have not reached the judge. In the literature and practice, settling disputes with peace  known as Alternative Dispute Resolution (ADR), which is based on Restorative Justice Theory. Al Qur’an has set peace/islah as a model the completion of criminal matters, long before these theories arises.  Peace/ islah in the completion of a criminal case at the level of investigation relevant to satisfy the principle of fast, simple, and inexpensive.</em></p><p><strong><em>Keyword : </em></strong><em>Islah, Islamic Law, Relevance and Investigation</em></p><p align="center"><strong>Abstrak</strong></p><p>Tujuan penelitian ini adalah mendeskripsikan realitas perdamaian pada tingkat penyidikan, selanjutnya akan dibandingkan dengan islah menurut hukum Islam sebagai alasan penghapus pidana, untuk diketahui/ ditemukan relevansinya. Berdasarkan relevansi tersebut, dimungkinkan menjadi bahan bagi pembentuk undang-undang  untuk menformulasikan islah sebagai model penegakan hukum pidana pada  tingkat penyidikan. Penelitian ini merupakan penelitian normatif  yang didukung dengan penelitian  empiris. Data yang digunakan mencakup data primer dan data sekunder. Teknik pengumpulan data  dilakukan dengan cara studi dokumentasi dan wawancara. Data dianalisis secara kualitatif dan disajikan secara deskriptif. Hasil penelitian menunjukan penyelesaian perkara pidana dengan perdamaian pada tingkat penyidikan mendasarkan kesepakatan pelaku dan korban. Apabila kesepakatan itu dilanggar, mereka sepakat untuk menggunakan hukum formal. Perkara pidana yang diselesaikan dengan perdamaian/ islah, bersifat personal dan nilai kerugiannya relatif kecil. Islam menempatkan perdamaian/islah sebagai alternatif penyelesaian perkara pidana, sepanjang perkara tersebut belum sampai ke tangan hakim. Dalam literatur dan praktik,  penyelesaian perkara dengan perdamaian disebut <em>Alternative Disput Resolution </em>(ADR) yang mendasarkan pada teori <em>Restorative Justice. Al-Qur’an </em>telah menetapkan Perdamaian/ Islam sebagai model penyelesaian perkara pidana, jauh sebelum teori-teori itu muncul<em>. Perdamaian/ Islah  </em>dalam penyelesaian perkara pidana ditingkat penyidikan, relevan untuk pemenuhan asas cepat, sederhana dan biaya ringan.</p><p><strong>Kata Kunci: </strong>Islah, Hukum Islam, Relevansi dan Penyidikan</p>

scholarly journals THE CONCEPT OF PENAL MEDIATION FOR DEFAMATION DELICT IN THE INDONESIA ITE LAW AS A MANIFESTATION OF RESTORATIVE JUSTICE

2020 ◽  
Vol 9 (3) ◽  
pp. 363
Author(s):  
Yaris Adhial Fajrin ◽  
Ach. Faisol Triwijaya
Keyword(s):  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
Research Result ◽  
Self Esteem ◽  
Criminal Code ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
The Right ◽  
The Impact

<em>The paper aimed to analyze the position of defamation as a complaint delict in the ITE Law and  the chances of applying penal mediation in the settlement of criminal defamation charges in the ITE Law. This research uses a normative legal research with qualitative analysis</em><em> techniques. The research result shows that defamation in the field of ITE is a complaint delict that the settlement of the case can be done through the Alternative Dispute Resolution (ADR) outside the court through penal mediation mechanism. The settlement of criminal cases through penal mediation has been in line with the direction of the renewal of Indonesian criminal law which is moving towards improving the impact of a criminal act as part of the purpose of criminalization. Penal mediation that promotes the values of consensus deliberation is also in line with the basic values of Pancasila, to encourage peace between the conflicting parties and improve the reputation, self-esteem, and dignity of victims damaged by defamation committed by the perpetrators. The advantages of penal mediation have not been followed by the rule of law of the event that regulates specifically the procedure of penal mediation so that not a few cases of defamation are ultimately decided by criminal sanctions to the perpetrators. Therefore, the mechanism of penal mediation needs to be regulated in the Indonesian Criminal Code in the future, to provide guarantees of a fair and beneficial criminal settlement for all parties, as well as a guarantee of the right to free responsible speech.</em>

scholarly journals Restorative Justice Approach on The Under Age (Minors) Violator of The Traffic Case Accident (Laka) That Lead to Death in Polres Majalengka

2018 ◽  
Vol 1 (3) ◽  
pp. 705
Author(s):  
Malik AL-Ghazali
Keyword(s):  
Restorative Justice ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Well Being ◽  
Fundamental Rights ◽  
Primary Data ◽  
Limiting Factor ◽  
Criminal Cases ◽  
Legal Intervention ◽  
Rights Of The Child

The research is qualitative research in the form of descriptive analysis using sociological juridical approach. Types and sources of data used are primary data and secondary data. Data collected through the study of literature and interviews, while the juridical analysis using qualitative analysis. The approach used for the treatment of children in conflict with the law based on values, principles and norms. Pure approach puts the welfare and well-being approach to legal intervention. The punishment model approach to restorative justice called today considered more feasible. For the sake of freedom and rights of the child (fundamental rights and freedom of children) as well as the various interests related to the welfare of children. A limiting factor in the application of Restorative Justice against children in violation of the Act Traffic is due to the factor of legislation often misinterpretation, the factor of law enforcement is the lack of knowledge and skills of investigators in solving criminal cases traffic, factors of infrastructure, a factor of society who do not know information about Restorative justice, Cultural factors personal character actors and victims and their families who do not support the case outside of court settlement or peace. Efforts of traffic guards to avoid conflicts / complaints by victims neutral officer, the offender is directed to the relationship and extend our condolences to the victims, conduct deliberations and request assistance from the Institute of Corrections.Keywords: Restorative Justice; Traffic Accident; Child Actors.

scholarly journals The Role Of Visum Et Repertum As A Provision Effort On Criminal Financing

2020 ◽  
Vol 3 (1) ◽  
pp. 131
Author(s):  
Lilik Eko Sukaryono ◽  
Amin Purnawan
Keyword(s):  
Medical Science ◽  
Secondary Data ◽  
Criminal Code ◽  
The Body ◽  
Primary Data ◽  
State Court ◽  
Literature Study ◽  
Criminal Cases ◽  
Approach Method

In the process of investigating criminal cases of persecution relating to the body, health, and human lives, it requires the assistance of a medical expert. The assistance of a doctor with his medical science of justice as stated in the Visum et repertum which he made is absolutely necessary. The formulation of the problem that was formed in this study is how the role of visum et repertum as evidence in the implementation of court cases of persecution in the Blora State Court, and what obstacles and solutions that occur in the form of evidence visum et repertum in cases of criminal abuse. Juridical sociology as an approach method used in this study with research specifications with descriptive methods. The data used consisted of primary data and secondary data using interview and literature study methods. Based on the research it was concluded (1) The role of Visum et repertum in the case of mistreatment in case decision number 184 / Pid.B / 2018 / PN Bla, the judge weighed on the elements in Article 351 paragraph 1 of the Criminal Code in which the result was a feeling of discomfort, pain or injury, which is based on evidence in the form of Visum et repertum on the victim's body. (2)Obstacles in proving in the form of visum et repertum in cases of torture include the qualification of wounds based on the legal needs confusing a doctor, standardization of the determination of the degree of injury to be poured on the Visum et repertum, Provisions for the signing of the post visum et repertum letter by the doctor, Request for visum et repertum which is lacking / incomplete, Visum Request Letter arrives late.�Keywords: Visum Et Repertum; Evidence; Criminal Acts Of Persecution.

scholarly journals Perlindungan Pemilik Rahasia Dagang Dalam Perjanjian Waralaba

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Anik Tri Haryani
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Alternative Dispute Resolution ◽  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
Conceptual Approach ◽  
Legal Consequences ◽  
Research Show

Tight business competition requires creativity for entrepreneurs to stay competitive by seeking new breakthroughs in developing their businesses. Many franchise models are chosen to develop businesses. One of the criteria for franchising is the Intellectual Property Rights that have been registered including trade secrets. The purpose of this study is to examine the legal protection of trade secret owners in a franchise agreement, and legal consequences if there is a violation of trade secrets in the franchise agreement. The method used in this study is juridical normative with a law approach and conceptual approach. The results of the research show that the protection of trade secrets in the franchise agreement can be done by making an agreement which contains a confidential information, non disclosure agreement clause, a non compete agreement as well as a non solicitation agreement clause. Legal consequences in the event of a violation of trade secrets in the franchise agreement can be prosecuted civilly by paying compensation through a lawsuit to court or can be resolved through arbitration or alternative dispute resolution. In addition, it can also be prosecuted according to Article 17 paragraph (1) of Law Number 30 of 2000 concerning Trade Secrets with the penalty of imprisonment of a maximum of two years and a maximum fine of three hundred million rupiah.

scholarly journals Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 592
Author(s):  
Ahmad Zulfikar
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Police Chief ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
National Police

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.

scholarly journals Penal Mediation as Alternative Dispute Resolution: A Criminal Law Reform in Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 369-380
Author(s):  
Anggita Anggraeni
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Law Reform ◽  
Alternative Form ◽  
Research Approach ◽  
Criminal Cases ◽  
Descriptive Data ◽  
Long Time ◽  
First Time

In the minor crime, the solving of cases process through formal process in the court is the prosess that is taking much cost and long time it aint suitable with detriments of the crime impact, these all are contrary with the principal fast, simple and unexpensive judicature. Writing this thesis aims to know the legal certainty of implementing Penal Mediation as an Alternative Dispute Resolution and prospects of applying Alternative Dispute Resolution in the Indonesian Criminal Justice System. The approach used in this research is a qualitative research approach that produces descriptive data in the form of people's written or oral words and observable behavior. The type of research that will be used in this research is doctrinal research. Penal mediation is an alternative form of resolving disputes outside the court (commonly known as ADR or "Alternative Dispute Resolution" and some call it "Apropriate Dispute Resolution"). Penal mediation for the first time is known in positive legal terminology in Indonesia since the issuance of KAPOLRI No. Pol: B / 3022 / XII / 2009 / SDEOPS dated December 14, 2009 concerning Handling Cases through Alternative Dispute Resolution (ADR), even though they are partial. In essence, the principles of mediation of the penalties referred to in this KAPOLRI letter emphasize that the settlement of criminal cases using ADR, must be agreed by the parties that litigate, but if there is no new agreement resolved in accordance with applicable legal procedures in a professional and proportional manner.

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