scholarly journals THE ROLES OF INVESTIGATOR IN IMPLEMENTING DIVERSION ON CHILDREN CRIMINAL ACTION

2018 ◽  
Vol 2 (1) ◽  
pp. 41
Author(s):  
Zakki Mubarok ◽  
Achmad Sulchan
Keyword(s):  
Special Education ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Child Protection ◽  
Justice System ◽  
Criminal Cases ◽  
Internal Constraints ◽  
Legal Understanding

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.

scholarly journals PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP PERKARA TINDAK PIDANA ANAKDI WILAYAH KABUPATEN POHUWATO

2019 ◽  
Vol 2 (1) ◽  
pp. 35-46
Author(s):  
MUHAMMAD RIZAL LAMPATTA
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Research Libraries ◽  
Professional Worker

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore, it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in implementation Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source, i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act/mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional worker based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

scholarly journals The Role of Judges in Guaranteeing Legal Certainty and Justice: An Analysis to the Application of Judicial Independence Principle in Criminal Cases in Indonesia

2019 ◽  
Vol 3 ◽  
pp. 201-209
Author(s):  
Vivi Ariyanti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Judicial Independence ◽  
The State ◽  
Legal Certainty ◽  
Criminal Cases ◽  
The Public ◽  
Independence Principle

The duty and obligation of a state based on law is to provide protection for the public from all possible crimes, so that the state has a role in conducting prevention and repression of crime, and this cannot be separated from the implementation of criminal law by the state, as a tool to protect the public. The authority of the state to provide criminal sanctions is then delegated to law enforcement officers working in a system known as the Criminal Justice System. The criminal justice system itself is strongly influenced by the community environment and the field of human life. Therefore, the criminal justice system will always experience interaction, interconnection, and interdependence with its environment and sub-systems of the criminal justice system itself. One of the supporting sub-systems that have a very important role in implementing the criminal justice system is the court, which contains judges who are authorized by law to adjudicate. Judges in their capacity as authorities in the legal field have freedom as a form of independence in carrying out their duties. This independence does not mean that judges are freed from all obligations and responsibilities, but the independence of judges has the meaning of their existence as bearers of moral responsibility for upholding justice. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This paper uses normative and philosophical analysis to the application of judicial independence principle in adjudicating criminal cases in the Indonesian criminal justice system.

scholarly journals TINJAUAN YURIDIS TERHADAP PEMENUHAN HAK-HAK ANAK DI LEMBAGA PEMASYARAKATAN KLAS I A MAKASSAR

2019 ◽  
Vol 2 (1) ◽  
pp. 47-57
Author(s):  
HERLINA SULAIMAN
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Research Libraries ◽  
Child Research

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on the criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research,  and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act as mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional pekera based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate-in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

scholarly journals The Weakness Of The Law In The Republic Of Indonesia Number 18 Year 2003 On The Advocate

2017 ◽  
Vol 1 (1) ◽  
pp. 32
Author(s):  
Sofyan Wimbo Agung Pradnyawan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Public Confidence ◽  
Judicial Process ◽  
The Law ◽  
Fact Finding ◽  
Sense Of Justice

This article intends to analyze the use of the jury system in the criminal justice system of Indonesia, jury is a form of lay participation or the participation of lay that community of professional non-law in the judiciary, to make decisions which provide a more fulfilling sense of justice in society, in order to avoid the role of judges is absolute in the criminal justice process, in the legal system of modern states today dichotomy between legal systems tradition of common law or civil law is fading and towards the tendency to mix both the legal system in order to find substantive justice in the judicial process. Indonesia never make changes conceptually to the criminal justice system, so that the judicial process drab dominated the role of judges is great where law and justice seems to be the monopoly of a judge, the role of judges becomes absolute in determining aspects of the facts (fact finding) and the legal aspect in judge, legal research using law approach, conceptual, and comparative law. The results of this study is that morality is the essence of a sense of justice in society, morality can not be separated from the law, because morality is is what is considered correct by the general public, so the public will view the law as something that has no authority and can not be trusted, when morality is left in any decision of the judge in criminal justice. Entering jury in the justice system is able to raise the level of public confidence in the legal and judicial institutions that exist, because the inclusion of jury in the criminal justice system to prosecute in the aspect of fact (fact finding) addition will ease the task of the judge also made aspects of morality local is the living law in automatically entered in every decision, every decision so it is possible to better meet the sense of justice in society.

scholarly journals The Process Of Settlement Of Criminal Actions With Children Through Approach Restorative Justice

2021 ◽  
Vol 2 (2) ◽  
pp. 142-156
Author(s):  
Rismanto Rismanto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Human Dignity ◽  
Child Protection ◽  
Criminal Behavior ◽  
Justice System ◽  
Negative Behavior ◽  
Criminal Cases ◽  
Keywords Children

Abstract                                                                              Children are the mission and gift of God Almighty, and we must always protect them, because children are a nature that is attached to human dignity and rights and must be protected. Child protection is any activity that guarantees and protects children and their rights so that they can live, grow and participate as best as possible according to human dignity and receive protection from violence and discrimination. For children who have violated the law, it is strongly influenced by factors other than children, because children's criminal behavior is usually a process of imitating or being influenced by or influenced by the negative behavior of adults or people around them. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System includes a concept in the settlement of underage criminal cases, namely the concept of restorative justice. In solving criminal acts, this concept is realized by involving the perpetrator, victim, perpetrator / victim's family, and other related parties to find a fair solution that prioritizes restitution rather than revenge. Keywords: Children, Restorative Justice, Child Crimes

scholarly journals PERANAN KEJAKSAAN REPUBLIK INDONESIA DALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI (Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy)

2016 ◽  
Vol 16 (1) ◽  
pp. 15
Author(s):  
Suharyo Suharyo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Governance ◽  
Attorney General ◽  
Strong Relationship ◽  
Criminal Code ◽  
Local Officials ◽  
Strategic Position

PERANAN KEJAKSAAN REPUBLIK INDONESIADALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI(Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy) The Attorney General of Indonesia plays a strategic position in corruption eradication. Since IndonesiaIndependent Day on 17 August 1945 until now, the attorney general keeps eradicate the corruption. As one of the elements of criminal justice system of the democracy state refers to the Act No.16/2004 on the Attorney General of Republic of Indonesia, and also a concern with the Act No.8/1981 on the Criminal Code (KUHAP). Corruption eradication is ruled and stipulated on the Act No.31/1999 on Corruption Eradication Jo the Act No.20/2001, and supported the Act No.8/2010 on the Criminal Act of Money Laundering . Questions of this research were what obstacles of corruption eradication in attorneys and how to make it effective? It was a normative-juridical method. It was  an impression that the Attorney General has no dare to enforce the law for the elite politician, local officials (governors,majors) because of their strong relationship with. This phenomenon triggered scholars to do long march and protest to the Attorney General to be consistent and responsive in corruption eradication. Good governance and bureaucracy reform had no big impact, the meaning of “Tri Atmaka” and “Tri Karma Adhyaksa” had truly not been absorbed and practiced, yet. Keywords: The Attorney General of Indonesia in eradicating corruption ABSTRAK Kejaksaan Republik Indonesia memegang posisi sangat strategis dalam pemberantasan korupsi. SejakProklamasi Kemerdekaan 17 Agustus 1945 sampai sekarang, Kejaksaan Republik Indonesia terus menerus melakukan pemberantasan korupsi. Sebagai salah satu unsur dari  sistem peradilan pidana (Criminal Justice System) di dalam negara demokrasi Kejaksaan RI mengacu pada Undang-Undang Nomor 16 Tahun 2004 Tentang Kejaksaan RI, dan juga memperhatikan Undang-Undang Nomor 8 Tahun 1981 tentang Hukum Acara Pidana (KUHAP). Khusus untuk pemberantasan korupsi, diatur melalui Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tidak Pidana Korupsi no Undang-Undang Nomor 20 Tahun 2001, dan ditunjang Undang-Undang Nomor 8 Tahun 2010 Tentang Tindak Pidana Pencucian Uang. Adapun rumusan masalah dalam penelitian ini adalah apakah kendala yang melekat jajaran Kejaksaan dalam pemberantasan korupsi, serta Bagaimana mengefektifkan Kejaksaan RI dalam pemberantasan korupsi. Metode yang dipakai adalah yuridis normatif.Terdapat kesan, Kejaksaan RI sangat tumpul pada pelaku dari elit politik, dan pejabat daerah (Gubernur, Bupati/Walikota) yang mempunyai koneksi politik yang kuat.Sehingga tidaklah mengherankan, apabila di berbagai daerah, muncul aksi-aksi unjuk rasa dari kalangan mahasiswa yang menuntut Kejaksaan RI agar konsisten dan responsif dalam pemberantasan korupsi. Good Governance dan reformasi birokrasi, hanya berpengaruh positif, secara minimal. Makna Tri Atmaka, serta Tri Karma Adhyaksa, kurang diresapi dan kurang  diamalkan secara mendalam. Kata Kunci: Kejaksaan RI dalam pemberantasan korupsi

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