Implementasi Ide Individualisasi Pidana Dalam Pimidanaan Terhadap Anak Menurut Undang-Undang No. 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
I Dewa Putu Gede Anom Danujaya
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Social Values ◽  
Criminal Sanctions ◽  
Welfare Of The Child ◽  
Humanitarian Values ◽  
Oriented Approach ◽  
Special Protection

ABSTRACT�Law No. 11 Year 2012 on the Criminal Justice System of Children effective from July 31, 2014 aims to maintain the dignity of the children with a restorative justice approach, in which a child is entitled to special protection, especially the protection of the law in the criminal justice system. Therefore, Criminal Justice System of Children is not only emphasized on the imposition of criminal sanctions for children of criminal acts, but also focused on the idea that the imposition of sanctions is intended as a means to realize the welfare of the child of the perpetrator of the crime.With the birth of Law no. 11 Year 2012 on Child Criminal Justice System is a form of renewal of national law. The concept of punishment that has been imbued by classical flows that prioritizes the punishment of the perpetrator has shifted to the concept of punishment using a more humanistic approach.This humanistic-values-oriented approach calls for the recognition of the principles of criminal individualization in the use of criminal witnesses as a means of crime prevention. Through this approach the use of criminal sanctions against children, not only means the criminal imposed to the offender must be in accordance with civilized humanitarian values, but also must raise awareness of the offender of the value of humanity values and social values in the community.Keyword : criminal, child, invivudualization, humanisticABSTRAKUndang-Undang No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (SPPA) yang berlaku efektif sejak tanggal 31 Juli 2014 bertujuan untuk menjaga harkat dan martabat anak dengan pendekatan�restorative justice, dimana seorang anak berhak mendapatkan perlindungan khusus, terutama pelindungan hukum dalam sistem peradilan pidana. Oleh karena itu, SPPA tidak hanya ditekankan pada penjatuhan sanksi pidana bagi anak pelaku tindak pidana, melainkan juga difokuskan pada pemikiran bahwa penjatuhan sanksi dimaksudkan sebagai sarana mewujudkan kesejahteraan anak pelaku tindak pidana tersebut.Dengan lahirnya Undang-Undang No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak merupakan suatu bentuk pembaharuan hukum nasional. Konsep pemidanaan yang selama ini dijiwai oleh aliran klasik yang lebih mengutamakan penghukuman terhadap si pelaku telah bergeser kepada konsep pemidanaan yang lebih menggunakan pendekatan humanistik.Pendekatan yang berorientasi pada nilai humanistik ini menghendaki diperhatikannya prinsip-prinsip individualisasi pidana dalam penggunaan saksi-saksi pidana sebagai salah satu sarana penanggulangan kejahatan. Melalui pendekatan ini penggunaan sanksi pidana terhadap anak, tidak hanya berarti pidana yang dikenakan kepada si pelanggar harus sesuai dengan nilai-nilai kemanusian yang beradab, tetapi juga harus membangkitkan kesadaran si pelanggar akan nilai nilai kemanusian dan nilai-nilai pergaulan hidup di masyarakat.Kata kunci : pidana, anak, invivudualisasi,humanistik

scholarly journals Implementation of Transcendental-Based Juvenile Criminal Sanctions

2021 ◽  
Vol 3 (1) ◽  
pp. 50-62
Author(s):  
Agatha Jumiati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Crime ◽  
Criminal Sanctions ◽  
Legal Problems

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime 

scholarly journals ANALISIS PENETAPAN PENGADILAN TERHADAP ANAK PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA (STUDI KASUS: PENETAPAN PENGADILAN NEGERI SURABAYA DAN 2 (DUA) PUTUSAN PENGADILAN NEGERI JAKARTA BARAT)

2019 ◽  
Vol 1 (2) ◽  
pp. 724
Author(s):  
Lie Natania ◽  
Mety Rahmawati
Keyword(s):  
Drug Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
The State ◽  
District Court ◽  
Strategic Position ◽  
The Law ◽  
Special Protection

Children are the future of  mankind, our nation and country. Based on this strategic position, the state and the law must provide special protection for children. However, in finding themselves,in some occasions children can stumble and make mistakes, which unfortunately can be in the form of run-ins with the law. Act Number 11 of Year 2012 regarding the Criminal Justice System for Juvenile presented the concept of diversion, which is an approach to resolve juvenile cases in order to achieve restorative justice. Diversion is the of process diverting child cases out of the usual system of criminal justice. However, diversion cannot be used to resolve all and every child cases. In a case of drug abuse, as seen in the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, diversion is attempted to resolve the case. But in two similar cases, namely in the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt, diversion was not attempted resolve the children in those cases and as stated on the verdict, those children were convicted. Why is there a difference in the resolution of the court against children who committed drug abuse between the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and the Verdict of West Jakarta District Court Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt?

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

THE POSITION OF QANUN 6 OF 2014 ON JINAYAT LAW TOWARD ACT 11 OF 2012 ON JUVENILE CRIMINAL JUSTICE SYSTEM RELATED TO CHILD CRIMINAL PUNISHMENT

2021 ◽  
Vol 10 (1) ◽  
pp. 65
Author(s):  
Rifqi Qowiyul Iman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Judicial Review ◽  
Justice System ◽  
National Level ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Track System ◽  
Double Track ◽  
Rule Out

This paper aims to describe the differences and the position of the legal rules for juvenile crimes between Qanun 6 of 2014 and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.  This research is descriptive qualitative research. The results show that Qanun Number 6 of 2014 also regulates criminal sanctions for children, which are normatively regulated in Law Number 11 of 2012. In addition, Qanun, as Aceh Islamic criminal law legalizes canning punishment for children, as well as the double-track system adopted by The Law of Juvenile Criminal Justice System is not explicitly accommodated in Qanun. Qanun at the level of a Regional Regulation is part of the hierarchy of laws and regulations that should be in line with what generally applies at the national level. Law Number 11 of 2006 is being the basis of the authority to make Qanun, as long as there is no court decision invalidates it, Qanun Number 6 of 2014, which is a derivative of Law Number 11 of 2006, can be declared as "lex specialis" of The Juvenile Criminal Justice System law which regulates child crime. However, it does not rule out the possibility that in the future, the judicial review of the article can be conducted.

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 AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM

2020 ◽  
Vol 5 (12) ◽  
pp. 134-145
Author(s):  
Eni E. Alobo ◽  
John Inaku
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Federal Government ◽  
Paradigm Shift ◽  
Justice System ◽  
Criminal Jurisprudence

This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

scholarly journals Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective

2018 ◽  
Vol 54 ◽  
pp. 07006
Author(s):  
Hervina Puspitosari ◽  
Bintara Sura Priambada
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Social Economic ◽  
Research Approach ◽  
Victim Impact Statement ◽  
Victims Of Crime ◽  
Sense Of Justice

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

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