scholarly journals Konsep Diversi terhadap Anak sebagai Pelaku Tindak Pidana Narkotika di Masa Depan

2020 ◽  
pp. 54-77
Author(s):  
Imam Subaweh Arifin ◽  
Pujiyono
Keyword(s):  
Justice System ◽  
Juvenile Justice System ◽  
Secondary Data ◽  
Medical Rehabilitation ◽  
Judicial Process ◽  
Number Of Children ◽  
Rehabilitation Programs ◽  
The Future ◽  
Justice Process ◽  
Criminal Justice Process

When looking at social reality today, the number of children as perpetrators of crime is still significant, especially children as perpetrators of narcotic crimes. This encourages a study to find out how the concept of diversion in the future as an alternative settlement of cases of children as narcotics offenders. The research method used is a normative approach, which is also complemented by a comparative juridical approach. The data used are secondary data consisting of primary legal material in the form of laws and regulations on narcotic crime and the juvenile justice system. It uses secondary licensed content in the way of literature related to narcotics misconduct by children. The results of the study concluded that "the concept of diversion towards children in the future must expel children from the criminal justice process, relating to the handling of children who abuse police narcotics as holders of discretionary authority should diversify through medical rehabilitation and social rehabilitation programs without having to be confronted with the judicial process criminal.

scholarly journals Mereposisi Korban dalam Sistem Peradilan Pidana di Indonesia: Suatu Keterlemparan (gowerfen-sein) dalam Mitos Modernitas

2019 ◽  
Vol 8 (4) ◽  
pp. 525
Author(s):  
Rocky Marbun
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Common Sense ◽  
Justice System ◽  
Secondary Data ◽  
Grand Narrative ◽  
The People ◽  
Critical Approaches ◽  
Justice Process ◽  
Criminal Justice Process

Myths in the modern era are things that are considered like truth. It arises through the process of hegemony and dialectical domination by the authority in history. So, myth is a phenomenon of common sense without criticism. The state's presence in the criminal justice process as a grand narrative identified with the interests of victims and society, in general, is common sense without criticism. This study aims to reveal whether the myth of modernity is a representation of victims in the Criminal Justice System. This study uses a normative juridical method based on secondary data with several models of approaches, including conceptual approaches, philosophical approaches, and critical approaches. The result of this research shows the phenomenon of objectification and reification of the people as victims in the Criminal Justice System in Indonesia. Mitos dalam era modern merupakan hal-hal yang diandaikan begitu saja sebagai suatu kebenaran. Hal tersebut tampil melalui proses hegemoni dan dominasi dalam dialektika otoritas dalam sejarah. Sehingga, mitos merupakan suatu fenomena common sense tanpa kritik. Kehadiran negara dalam proses peradilan pidana sebagai narasi tunggal (grand narrative) yang diidentikan dengan kepentingan korban dan masyarakat secara umum, merupakan common sense tanpa kritik. Penelitian ini ditujukan untuk membongkar apakah mitos modernitas tersebut merupakan representasi korban dalam Sistem Peradilan Pidana. Penelitian ini menggunakan metode yuridis normatif yang berbasis kepada data sekunder dengan beberapa model pendekatan, antara lain pendekatan konseptual, pendekatan filsafat, dan pendekatan kritis. Hasil penelitian ini menunjukkan adanya fenomena objektivikasi dan reifikasi terhadap masyarakat sebagai korban dalam Sistem Peradilan Pidana di Indonesia.  

scholarly journals Penerapan Diversi melalui Pendekatan Keadilan Restoratif (Restorative Justice) pada Anak Pelaku Penyalahgunaan Narkotika

2021 ◽  
Vol 2 (1) ◽  
pp. 202-206
Author(s):  
Putu Ayu Sarina Selsa Oktaviani ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
The Elderly ◽  
District Court ◽  
Judicial Process ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Narcotic Drugs

This research aims to find out how implementation of the diversion of the perpetrators of the abuse of narcotic drugs by using the method of the approach of restorative justice by involving the perpetrator, the victim, the family of the offender or the victim, community counselors and professionals. The research method used is the normative legal research with approach of legislation, articles as well as the doctrine or the views from experts associated with the diversion and narcotic in children. With regard to the handling of child abuse of narcotic drugs, the problems in this thesis is the arrangement of diversion by law about the criminal justice system of the child and the application of diversion through approach restorative justice in the criminal offence of child perpetrator of abuse of narcotic. The settings regarding diversion here is actually a settling criminal acts with children outside of the criminal justice process. Where the diversion can be carried out against the perpetrator of the crime that the threat of punishment of less than 7 (seven) years and is not a repetition of the crime. Against the application of the abuse of narcotics diversion for children conducted through deliberation in accordance whit the provisions of article 8 of law about the criminal justice system so that children can make a deal with diversion consider the child’s interests, in this case intended to avoid and keep children from the judicial process. In terms of the results of the diversion agreement already agreed upon with the parties where the implementation of the outcome of the diversion agreement would of course also have to be monitored both from the elderly, the environment, and investigators also rehabilitation center to ascertain if the result of the diversion deal was already done by the child and reported to the Chairman of the District Court where the implementation of such diversion is implemented.

scholarly journals Problems with Implementing Diversity Efforts at the Prosecution Stage (Case Study at the South Coast Prosecutor's Office)

2019 ◽  
Vol 5 (6) ◽  
pp. 243
Author(s):  
Sherty Yunia Safitri ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Personal Development ◽  
Justice System ◽  
Juvenile Justice System ◽  
Rapid Development ◽  
Criminal Offenses ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Republic

Children who lack or do not receive love, care, guidance and guidance in the development of attitudes, behavior, adaptation, and supervision from parents, guardians or foster parents will be easily dragged into the flow of social relationships and the environment is less healthy and detrimental to personal development . These factors include the development of rapid development, the flow of globalization in the field of communication and information, advances in science and technology and changes in the style and way of life of parents who have brought fundamental social change. In tackling juvenile delinquency, a special way of prevention and control for children is needed, namely the implementation of the Juvenile Justice System. Law of the Republic of Indonesia Number 11 Year 2012 concerning the Juvenile Justice System is intended to protect and protect children who are dealing with the law. In Article 1 number 7 that Diversion is the transfer of the settlement of a child case from a criminal justice process to a process outside of criminal justice. so that the diversion that was carried out was not reached because the victim's family, especially the victim's parents could not accept the consequences borne by his child, then herein lies the unfair implementation of diversion for the victim and the diversion attempt was considered as a shield for the child offender because the child offender felt protected by the diversion attempt and causing increasingly criminal / criminal offenses committed by offenders under the age of 18 (eighteen) years.

scholarly journals DIVERSI BAGI ANAK YANG BERHADAPAN DENGAN HUKUM DI KABUPATEN TANA TORAJA

2020 ◽  
Vol 2 (2) ◽  
pp. 92-101
Author(s):  
Christian A Caesar
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Justice System ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Legal Research ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
To Receive

Diversion is the settlement of juvenile cases that have been transferred from the criminal justice process to the non-criminal justice process. This is because the child is the party who has not been able to legally account for his dressing. The purpose of the research was to analyse in depth the background execution of the diversion of the dealing with the law and the obstacles affecting the implementation of diversion. This research uses a type of normative empirical legal research by finding the empirical in the field that concerns the problems of primary that is obtained directly from the results of the interviews with respondents and interviewees as well as data secondary data is obtained through literature-literature which deals directly with the issue discussed in this study. The research results give a hint that execution is a form of diversion pemidanaan the more education against children as well as the factors that influence the implementation of restorative justice in the diversion on the criminal justice system, child is a factor the substance of the law, human resource law enforcement officers who have yet to grasp the versioned, support and cooperation among related agencies not optimal, and are also victims/families of the victims have not been able to receive them well on diversion.

scholarly journals Assesment of public policies regarding the Turkish juvenile justice system and inferences for functional systemTürk çocuk ceza adalet sistemi kamu politikalarının değerlendirilmesi ve işlevsel bir sisteme ilişkin çıkarımlar

2015 ◽  
Vol 12 (2) ◽  
pp. 1416
Author(s):  
Sedat Kula
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Focal Point ◽  
Functional System ◽  
Prevention Strategies ◽  
Judicial Process ◽  
Important Place ◽  
System P ◽  
Working Together

<p>Turkish juvenile justice system constitutes special and important place in justice system due to its focal point to the juvenile and juvenile rights. As it is in the world, the main purpose of the juvenile justice system in Turkey is not only to handle the judicial process, but also to get the juveniles out of the system at lower costs as possible and to make them continue their lives without having any problems. Besides the policies and implications carried out in the juvenile justice system in the name of struggling with juvenile delinquency, this study emphasizes the importance of crime prevention strategies out of the juvenile justice system. Within this frame, it is emphasized the necessity of all related institutions working together in a harmony after analyzing the Turkish juvenile justice system. Another important point that this study tries to emphasize is that policies in the scope of the juvenile justice system were not created based on the idea of preventing crime committing again, rather based on punishment, compensation, and public protection. Therefore, it is recommended to review the policies and to emphasize the necessity of functional and integrated juvenile justice system.</p><p> </p><p><strong>Özet</strong></p><p>Odak noktasında çocuk ve çocuk haklarının olması sebebiyle Türk Çocuk Adalet Sistemi (TÇAS), adalet sisteminin çok özel ve önemli bir alanını oluşturmaktadır. Tüm dünyada olduğu gibi Türkiye’de de çocuk ceza adalet sisteminin temel amacı sadece çocuğun içinde bulunduğu adli durumla ilgili adil bir işlem tesis etmek değil aynı zamanda çocuğun bu zorlayıcı süreçten en az zararla çıkmasını sağlamak ve yetişkin bir birey olarak olabildiğince sorunsuz hayatlarına devam etmelerini sağlamaktır. Çocuk suçluluğu ile daha etkin mücadele edilmesi noktasında ceza adalet sistemi içerisindeki politika ve uygulamaların yanı sıra bu sistemin dışında ki suç önleme stratejilerinin de mutlaka ele alınması gerektiğinden haraketle bu çalışmada Türk çocuk ceza adalet sistemi üzerinde kapsamlı bir analiz yapılarak Türk çocuk adalet sisteminde yer alan tüm kurum ve kuruluşların uyum ve eşgüdümlü şekilde çalışması gerektiği üzerinde durulmaktadır. Üzerinde durulan diğer önemli bir husus ta çocuk ceza adalet sistemi içerisinde üretilen politikaların suçun tekrarının önlenmesine yönelik esaslı bir düşünce tarzından ziyade genelde cezalandırma, geleneksel caydırıcılık, etkisiz hale getirme, iyileştirme, kamunun korunması ve zararın tazmini temeline dayanmakta olduğu tezinden hareketle bu konudaki politikaların gözden geçirilerek işlevsel ve bütüncül bir sistemin gerekliliğini ortaya koymaktır.</p>

scholarly journals Challenges of Effective Communication in the Criminal Justice Process: Findings from Interviews with Victims of Sexual Offences in Australia

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 31
Author(s):  
Rhiannon Davies ◽  
Lorana Bartels
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Sexual Offending ◽  
Qualitative Interviews ◽  
Effective Communication ◽  
Skills Training ◽  
Sexual Offences ◽  
Justice Process ◽  
Criminal Justice Process

This article focuses on gendered experiences of the criminal justice system, specifically the experiences of adult female victims of sexual offending and the communication difficulties they experience during the criminal justice process. Drawing on the findings from qualitative interviews about sentencing with six victims and 15 justice professionals in Australia, we compare the lived experiences of the victims with the perceptions of the justice professionals who work with them, revealing a significant gap between the information justice professionals believe they are providing and the information victims recall receiving. We then analyse the international literature to distil effective communication strategies, with the goal of improving victims’ experiences of the criminal justice system as a whole. Specifically, we recommend verbal communication skills training for justice professionals who work with victims of crime and the development of visual flowcharts to help victims better understand the criminal justice process. We also recommend that Australian victims’ rights regimes be reformed to place the responsibility for providing information about the criminal process on the relevant justice agencies, rather than requiring the victim to seek this information, and suggest piloting automated notification systems to help agencies fulfil their obligations to provide victims with such information.

scholarly journals The Admissibility of Scientific Expert Evidence Under Indonesian Criminal Justice System

2019 ◽  
Vol 3 (2) ◽  
pp. 152
Author(s):  
Wanodyo Sulistyani
Keyword(s):  
Criminal Justice ◽  
Expert Testimony ◽  
Justice System ◽  
Scientific Evidence ◽  
Expert Evidence ◽  
Procedural Law ◽  
Process Reliability ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

In many cases, such as corruption and forestry-related crimes, an expert has a significant role in explaining the impact of the crime. For instance, scientific expert evidence is required to disclose about the ecological destruction that occurred due to the defendant's criminal activities. In practices, the issue with scientific expert evidence is supposed to be about its admissibility in court. For this issue, the U.S. Court applies Rules of Evidence in considering the admissibility of scientific expert evidence at trial. Those are some requirements (prong test) to be met before expert testimony is admissible. In contrast, the Indonesian Criminal Procedural Law (KUHAP) or other laws do not set any prong test for presenting specialist scientific evidence to be acceptable. Lack of such proof may impact criminal justice process reliability and place expert under vulnerable position. Therefore, this paper will explore the issue on scientific expert evidence under Indonesian criminal law as well as its consequences and impacts for the Indonesian criminal justice process.

scholarly journals Dogs in the criminal justice system: Consideration of facility and therapy dogs

2018 ◽  
pp. 1 ◽  
Author(s):  
Elizabeth Spruin
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapy Dogs ◽  
Negative Experience ◽  
Current Opinion ◽  
Secondary Victimisation ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Practical Analysis

It is known that the criminal justice process is most often perceived as a negative experience by victims, witnesses, as well as defendants. Whilst measures have been put into place across the globe to improve their experiences, there is still much more which needs to be done, especially as the process can involve secondary victimisation of those participating in it and prolonged trauma. The current opinion piece centres on the use of trained dogs to help the experiences of criminal justice system users during active cases. Whilst this practice is mostly used in North America, hints at bringing varying types of dogs into the criminal justice system are visible elsewhere, too. With the criminal justice users in mind, it is key to establish, from the offset, the positives of such service, but also be very aware of its limitations and challenges, in order for the service delivering what it aims without causing a disruption to the criminal justice process or its users. This piece provides a theoretical and practical analysis of topicssurrounding the use of specially trained dogs to support criminal justice system users with the view of highlighting our lack of knowledge on the topic and practical challenges of this service.

scholarly journals Pemenuhan Hak Rekreasional Terhadap Narapidana Anak Di Lembaga Pembinaan Khusus Anak Banda Aceh

Media Iuris ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 265
Author(s):  
Zulyani Mahmud ◽  
Zahratul Idami ◽  
Suhaimi Suhaimi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Musical Instruments ◽  
Inhibitory Factors ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Right ◽  
Banda Aceh

This article discusses and describes the task of the Banda Aceh Special Development Institute (LPKA) in providing guidance and fulfilling the rights of children in lpka. Law No. 11 of 2012 on the child criminal justice system in Article 3 states that every child in the criminal justice process has the right to conduct recreational activities, but in fact the fulfillment of children’s recreational rights has not been carried out to the maximum while in LPKA. The research method used is empirical juridical research method. The results showed the granting of Recreational Rights has not been running optimally, from within the LPKA is done by giving a schedule of play to students on holidays, activities carried out are playing volleys and playing musical instruments, activities outside lpka is to be a guest at discussion events held by other parties. not clearly regulated how the granting of recreational rights, the granting of recreational rights is done only on the basis of the policy of the Head of LPKA. Inhibitory factors in the absence of a special budget for the granting of recreational rights.Keywords: Fullfillment; Right; Recreational; Child Prisioner.Artikel ini membahas dan menganilis tugas Lembaga Pembinaan Khusus Anak (LPKA) Banda Aceh dalam memberikan pembinaan dan mempenuhi hak-hak anak di dalam LPKA, Undang-Undang Nomor 11 Tahun 2012 tentang sistem peradilan pidana anak dalam Pasal 3 menyebutkan bahwa setiap anak dalam proses peradilan pidana berhak melakukan kegiatan rekreasional, Namun dalam faktanya pemenuhan hak rekreasional anak belumlah terlaksana dengan maksimal selama di LPKA. Metode penelitian yang digunakan adalah metode penelitian yuridis empiris. Hasil penelitian menunjukan pemberian Hak Rekreasional belum berjalan maksimal, dari dalam LPKA dilakukan dengan cara memberikan jadwal bermain kepada anak didik di hari libur, kegiatan yang dilakukan adalah bermain volley dan bermain alat musik, kegiatan di luar LPKA yaitu menjadi tamu pada acara-acara diskusi yang di selenggarkan pihak lain. tidak diatur secara jelas bagaimana pemberian hak rekreasional tersebut, pemberian hak rekreasional dilakukan hanya atas dasar kebijakan Kepala LPKA. Faktor Penghambat tidak adanya anggaran khusus untuk pemberian hak rekreasional.Kata Kunci: Pemenuhan; Hak; Rekreasional; Narapidana Anak.

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