scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK BERKONFLIK DENGAN HUKUM DI LEMBAGA PEMASYARAKATAN

2021 ◽  
Vol 3 (3) ◽  
Author(s):  
Bella Rizky Armany ◽  
Husni H ◽  
Ummi Kalsum
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
The Law

Law Number 11 of 2012 concerning the Criminal Justice System for Children Article 1 Section (1) number 3 children in conflict with the law are children who are 12 years old but not yet 18 years old who are suspected of committing a criminal act. We can see the legal protection for children. when the child is in conflict with the law and is subject to imprisonment with the loss of rights that the child has. The conditions for handling children who commit criminal acts are very worrying, because some children who are in conflict with the law are brought together in adult prisons.

scholarly journals Legal Protection Reform for Children Conflicted with Law

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 59
Author(s):  
Emy Rosna Wati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Court ◽  
Legal Protection ◽  
Victims Of Crime ◽  
The Law ◽  
The Government

The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014). Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1), 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

scholarly journals Penerapan Restorative Justice Dalam Peradilan Pidana Anak di Pengadilan Negeri Watansoppeng

2020 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
A. Sudarman Kantao ◽  
Azwad Rachmat Hambali ◽  
Muh. Rinaldy Bima
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Legal Protection ◽  
Cultural Factor ◽  
District Court ◽  
Trial Process ◽  
The Law

Penelitian ini bertujuan menganalisis dan memperoleh pemahaman terhadap penerapan nilai serta hambatan dalam penerapan keadilan restoratif pada perkara peradilan pidana anak sesuai dengan Undang-undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak dalam rangka memberikan perlindungan hukum bagi Anak yang berkonflik dengan hukum dan kendala yang dihadapi majelis hakim pengadilan Negeri watansoppeng dalam menerapkan keadilan restoratif untuk mengadili tindak pidana yang dilakukan oleh anak. Hasil penelitian menunjukkan bahwa terkait proses persidangan terhadap kasus anak, hakim Pengadilan Negeri Watansoppeng senantiasa mengupayakan penerapan restoratif justice dengan memberi saran kepada korban, terdakwa dan pihak keluarga untuk mengusahakan perdamaian sebagai upaya penyelesaian kasus di luar jalur persidangan, namun upaya tersebut seringkali ditolak oleh korban dan keluarganya dan menginginkan agar pelaku dihukum seberat-beratnya. Faktor Kebudayaan dari keluarga korban inilah yang tidak mendukung penyelesaian perkara di luar peradilan atau perdamaian. This study aims to analyze and gain an understanding of the application of values ​​and obstacles in the application of restorative justice in juvenile criminal justice cases in accordance with Law Number 11 of 2012 concerning the Criminal Justice System for Children in order to provide legal protection for children who are in conflict with the law and the obstacles they face. watansoppeng District Court panel of judges in implementing restorative justice to adjudicate crimes committed by children. The results showed that in relation to the trial process for juvenile cases, the judges at the Watansoppeng District Court always tried to apply restorative justice by advising victims, defendants and their families to seek peace as an effort to resolve cases outside the court, but these efforts were often rejected by the victim and his family and wants the perpetrator to be punished as severely as possible. The cultural factor of the victim's family does not support the settlement of cases outside the court or peace.

Comparison of Children's Court Law with Child Criminal Justice System Law

2021 ◽  
Author(s):  
Herman B
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Analysis Approach ◽  
Criminal Cases ◽  
The Law ◽  
Children's Court ◽  
Children’S Court

The purpose of this writing is to determine the examination of the child from the case of the arrangement of the Child Facing The Law in the Court according to the Law of the Children's Court with the Law of the Criminal Justice System of the Child. This research uses normative research supported by legal approach, analysis approach, and case approach. The results showed Law No. 3 of 1997 on The Children's Court was, in principle, born to protect and care for children in conflict with the law. However, it turns out that legally the Children's Court Law is not able to provide legal protection against Children Facing the Law. Therefore, Law No. 11 of 2012 on The Criminal Justice System of Children was born to replace the Children's Court Law. In the event of a change in the Law, there are striking differences in the handling of issues relating to children in the examination of criminal cases in court

scholarly journals Criminal Justice System Toward Children With Legal Conflict Seen In Justice Restorative Presfective

2020 ◽  
Vol 7 (1) ◽  
pp. 14-26
Author(s):  
Brian Septiadi Daud ◽  
Irma Cahyaningtyas
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Whole Process ◽  
The Law ◽  
Laws And Regulations

The criminal justice system of children is very important in the effort to settle cases. Children are gifts of God that are entrusted to be cared for, guarded, and guided for a good future. In article 1 number 1 of Law no. 11 of 2012 states that what is meant by the juvenile justice system is the whole process of resolving cases of children dealing with the law from the investigation stage to the guidance stage after undergoing the crime. The aims of the study were to find out and analyze the juvenile justice system (SPPA) in conflict with the law and to examine the implementation of legal protection against children in conflict with the law based on Law Number 11 of 2012. The research method used to see the arrangement of this arrangement is juridical-normative legal research, this research is research that is attempted with the system reviewing applicable laws and regulations or applied to a particular legal case and concept. The method of collecting legal material with the document method is to collect library research contained in secondary legal materials, then analyzed deductively. The results of this study are to look at the process of the juvenile justice system based on subsystems, components, the process of achieving justice for restorative justice and the process of implementing child protection based on the applicable laws and regulations.  

scholarly journals Implementation of the Role of Social Research Report in the Juvenile Criminal Justice System

2021 ◽  
Author(s):  
Henny Susilowati ◽  
Wiwit Ariyani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Social Research ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Research Report ◽  
The Law

Children as members of the next generation need to be protected. In the juvenile justice system, children are entitled to legal protection, both in the context of their position as children in conflict with the law (i.e. as criminals) and as victims or witnesses of crime. The laws of the Juvenile Criminal Justice System have been arranged to require the judge to consider the Social Research Report (SRR) given by community advisors before the verdict. The purpose of the study is to explain the benefits of Social Research Reports for children in conflict with the law and the constraints faced in preparing them. The experiment was conducted using an empirical juridical approach by promoting the use of primary data and was supported by secondary data. Based on the results of data analysis, it can be concluded that SRR preparation is very beneficial for children in conflict with the law. It contains conditions that explain the relationship between the condition of the offender and the committed criminal act so that it can be the basis of consideration for law enforcement officers in making the best decision for the children. Keywords: Social Research Report (SRR), Community Advisors (CA), children in conflict with the law

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems

2020 ◽  
Vol 36 (1) ◽  
pp. 53-62
Author(s):  
John Kenedi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Conceptual Approach ◽  
Constitutional Protection ◽  
Unfair Treatment ◽  
Criminal Offenses ◽  
Constitutional Protections

The constitutional protections toward crime witnesses in Indonesia are indisputably inevitable. As an effort to uphold justice, Indonesia relies on the formal mechanism of criminal law known as the criminal justice system. The system starts from reports by the police, prosecution by the prosecutor, to the stage of a trial in a court, and execution in a prison. Throughout its development, the criminal justice system seemed to focus more on protecting criminal offenses (criminal oriented) rather than paying attention to the rights of witnesses and victims (witness and victim-oriented). Therefore, the studies that concern the rights of witnesses and victims are highly needed in order to figure out ways to balance the treatment between the suspects/defendants and the witnesses and victims. Through the use of the statue approach and conceptual approach, the positions and the rights of legal protection for witnesses and victims are thoroughly captured and described in this current research. Besides, the factors causing uneven attention and unfair treatment toward crime victims are also specifically identified.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

scholarly journals Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Primary Source ◽  
Secondary Data ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

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