scholarly journals Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi

2020 ◽  
Vol 2 (4) ◽  
pp. 571
Author(s):  
Sulistyo Utomo ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Secondary Data ◽  
Primary Data ◽  
State Court ◽  
Criminal Cases ◽  
Analysis Techniques ◽  
Survey Results ◽  
Criminal Penalties ◽  
Data Collection Technique

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.

scholarly journals Legal Enforcement by the Police against Child of Criminal Doer of a Traffic Accident Who Caused Death (Case Study in Traffic Accident of Police Traffic Unit of Cirebon City Police Juridiction)

2020 ◽  
Vol 3 (1) ◽  
pp. 21
Author(s):  
Anton Susanto ◽  
Ira Alia Maerani ◽  
Maryanto Maryanto
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Traffic Accident ◽  
Secondary Data ◽  
Primary Data ◽  
Criminal Cases ◽  
Community Factors ◽  
Legal Enforcement ◽  
The Difference ◽  
City Police

The problems of this study were 1) the process of resolving the crime of traffic accident committed by a child which causing death in Jurisdiction Police Cirebon, 2) the difference between the completion of the crime of traffic accident by a child which causing death by perpetrators of adults in Police Cirebon City? 3) consideration of the law by the police in the Cirebon City Police enforcement of laws against the crime of traffic accident causing death committed by a child.The method used is research that combines Juridical and Empirical. The source of research data derived from primary data and secondary data obtained by collecting documents and interviewing criminal cases with informants.Based on research findings conducted by researchers regarding law enforcement in case of a traffic accident causing death committed by minors resolved with the criminal justice process method to process outside the criminal justice and restorative justice approach that is Diversion. Based on Act No. 11 of 2012 on the Criminal Justice System Child involvement of multiple stakeholders in the settlement became a mandatory provision. Constraints law enforcement officials in the execution of diversion itself is the factor of legal, officials law enforcement factors, community factors and factors of facilities and infrastructure.Keywords: Law Enforcement; Police; Accident; Traffic; Child.

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 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 Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

2020 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Didi Wahyudi Sunansyah ◽  
Aryani Witasari
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
State Court ◽  
Sociological Approach ◽  
Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

scholarly journals PENYELESAIAN PERKARA PIDANA MELALUI MEDIASI PENAL: ACCESS TO JUSTICE DI TINGKAT KEPOLISIAN

2018 ◽  
Vol 8 (1) ◽  
pp. 90
Author(s):  
Cahya Wulandari
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Primary Data ◽  
Access To Justice ◽  
Police Chief ◽  
Criminal Cases ◽  
Police Level

<p>Penanggulangan perkara pidana yang terjadi di tengah masyarakat dapat diselesaikan dengan dua metode, yaitu penal dan non penal. Penyelesaian secara non penal salah satunya merupakan Mediasi Penal. Mediasi penal sendiri lahir dari budaya yang ada di dalam masyarakat sehingga kandungan nilai-nilainya sesuai dengan karakteristik Bangsa Indonesia. Namun penerapan mediasi penal ini belum memiliki landasan yuridis yang kuat sehingga perlu diteliti lebih lanjut apa model mediasi yang digunakan serta bagaimana peran aparat penegak hukum. Dalam artikel ini akan dipaparkan proses penyelesaian perkara pidana melalui mediasi penal di tingkat penyidikan dan peran aparat penegak hukum dalam proses mediasi penal. Data pendukung artikel ini menggunakan hasil penelitian dengan jenis kualitatif dan metode pendekatan yuridis sosiologis yang mendasarkan pada data primer dan data sekunder. Pada dasarnya, mediasi penal telah familiar dilaksanakan ditingkat kepolisian didasarkan pada Surat Kapolri No Pol: B/3022/XII/2009/SDEOPS tanggal 14 Desember 2009 tentang Penanganan Kasus Melalui <em>Alternatif Dispute Resolution</em> dengan bentuk mediasi penal yang digunakan adalah <em>victim offender mediation</em>. Model VOM ini dianggap paling layak untuk diterapkan karena mempertemukan antara kedua belah pihak sehingga mengakomodir kepentingan para pihak demi terwujudnya keadilan restoratif.</p><p>Overcoming criminal cases that occur in the middle of society can be solved by two methods, namely reasoning and non-punishment. Non-reasoning settlement is one of them is Penal Mediation. The reasoning mediation itself is born from the culture that exists in society so that the content of its values is in accordance with the characteristics of the Indonesian Nation. However, the application of this reasoning mediation does not yet have a strong juridical basis so it needs to be investigated further what the mediation model is used and how the role of law enforcement officers is. In this article will be presented the process of solving criminal cases through reasoning mediation at the level of investigation and the role of law enforcement officers in the process of judicial mediation. Supporting data for this article uses the results of research with qualitative types and sociological juridical approaches that base on primary data and secondary data. Basically, the reasoning mediation is familiar is carried out at the police level based on National Police Chief No Pol: B / 3022 / XII / 2009 / SDEOPS dated December 14, 2009 concerning Case Handling through Dispute Resolution Alternatives with the form of reasoning mediation that is victim offender mediation. This VOM model is considered the most feasible to implement because it brings together the two parties so that it accommodates the interests of the parties in order to realize restorative justice.</p>

scholarly journals Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.

2020 ◽  
Vol 2 (4) ◽  
pp. 579
Author(s):  
Dudu Wawan Setiawan ◽  
Bambang Tri Bawono
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Research Society ◽  
Court Decision ◽  
Primary Data ◽  
State Court ◽  
Court Judge ◽  
Case Number

The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.

scholarly journals Judicial Activism In Criminal Case To Ensure The Human Rights Upholding (Study In State Court Of Semarang)

2020 ◽  
Vol 2 (4) ◽  
pp. 477
Author(s):  
Wilmar Ibni Rusydan ◽  
Umar Ma'ruf ◽  
Bambang Tri Bawono
Keyword(s):  
Human Rights ◽  
Legal Theory ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Case ◽  
Primary Data ◽  
State Court ◽  
Internal Source ◽  
Judicial Activism ◽  
Criminal Cases

The purpose of this study was to describe, assess, and analyze as to what the underlying factors in implementing the Judge on Judicial Activism practice in criminal cases in order to ensure the upholding of human rights, then any obstacles encountered and solutions that were presented.This study uses a sociological juridical approach to research is descriptive analytical specifications. The data used are secondary data obtained through library research and primary data obtained through field research then analyzed qualitative use Progressive Legal Theory and Theory of Freedom and Discovery Law of Judge (Rechstvinding).The results of this study are: 1) Judge's decision to apply for Judicial Activism in criminal cases at least consider several factors, including legal developments always follow people who move quickly, in addition to the Act or other regulations are not always equipped to solve a legal case concretely, and also some other factors; 2) Obstacles that arise in practice Judicial Activism in criminal cases are divided into two (2) factors, namely the internal source of personality and emotionality judges themselves, then external factors relating to the legal system of a country.Keywords: Judicial Activism; Criminal Case; Judge; Human Rights.

scholarly journals Problematics in Handling Criminal Offence on Poor Communities by Advocate (A Study on Gunung Sugih District Court)

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 31
Author(s):  
Marwan Jaya Putra
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Research Approach ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Cases ◽  
The Poor ◽  
The Law

The provision of legal aid to the poor is one of the actions of the noble profession of advocates and the moral movement that advocates for human rights, in fact, not all advocates are morally aware of their obligations. There are still many deviations found in the provision of legal aid for the poor. This condition is certainly contrary to the noble values of the advocate profession itself, in the presence of this matter, which shows still can be found deviations in practice. The problem examined in this study is why law enforcers such as judges and posbakum have not provided free legal assistance to the poor in Central Lampung Regency, a factor that has caused law enforcement agencies not to offer and provide free legal assistance to the poor and the pattern / model of handling criminal cases against the poor by advocates based on justice. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analysed by qualitative analysis method.The results of this study ultimately provide an answer that Advocates who have not yet applied the value of justice in handling criminal cases involving the poor are due to legal substance, legal structure, and legal culture, Not yet applying the value of justice in handling criminal cases against the poor is like the emergence of mistrust of the law, besides the model of handling criminal cases against the poor by advocates based on the value of justice is the implementation of constructive strategies, such as: Legislation Planning, Policies and Activities Related to the Fulfilling Right to Legal Assistance. Suggestions from this research are to Advocates regarding Integrity, morality, idealism, and professionalism of law enforcement officers should be further enhanced, in addition to the restrictions on the provision of legal aid in LBH should also be reviewed to enforce the principle of providing legal assistance as widely and equality before the law.

scholarly journals Law Enforcement Of Giving Restitution For Victims Of Trafficking In The State Court Of Central Jakarta

2020 ◽  
Vol 2 (4) ◽  
pp. 535
Author(s):  
Roswati Dewi ◽  
Sri Endah Wahyuningsih ◽  
Umar Ma'ruf
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Analysis Data ◽  
The State ◽  
Primary Data ◽  
State Court ◽  
Research Use ◽  
West Java

This study aimed to analyze and assess: 1) Law Enforcement of Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction; 2) obstacles and barriers in the Restitution Administration of the Victim of Crime Against Trafficking in West Java Police Jurisdiction; and 3) How to overcome the obstacles in Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction.This research use sociological juridical approach to the specification of the research is descriptive analysis. Data sources include primary data and secondary data. Methods of data collection using interviews and documentation study. Methods of data analysis in this thesis using qualitative descriptiveThe study concluded that not every Victims of Crime of Trafficking Got Giving Restitution. Obstacles Giving Victims Restitution against Crime of Trafficking affected by the dominant legal factors and the influence of other factors. UUPTPPO an attempt by the State to TPPO, but construction is still weak, law making it difficult for victims obtain restitution, so it needs to be revised. It is recommended that UUPTTPO revised or reconstructed, so UUPTPPO for more providing legal protection for victims of TPPO to establish in the regulations (laws) that the State through the investigating police and / or prosecutor (JPU) who shall seek fulfillment TPPO restitution by offenders to victims TPPO, that is the nation participation for the society.Keywords: Law Enforcement; Restitution; Victims; Crime; Trafficking.

scholarly journals Potential Mapping of Pesantren as Community Economic Empowerment Capital

2019 ◽  
Vol 2 (1) ◽  
pp. 58-70
Author(s):  
Toni Priyanto ◽  
Muhammad Anwar Fathoni
Keyword(s):  
Data Analysis ◽  
Secondary Data ◽  
Public Capital ◽  
Primary Data ◽  
Economic Empowerment ◽  
Economic Potential ◽  
Analysis Techniques ◽  
Potential Mapping ◽  
The Government ◽  
Data Collection Technique

The purpose of this research is to the identification and potential mapping as community economic empowerment capital. The method used is descriptive quantitative in order to get a deeper result. The object of this research is Pesantren in Cibadak Subdistrict, Lebak, Banten. Data collection technique used is primary data and secondary data. Data analysis techniques used is SWOT to analyze strengths, opportunities, weaknesses, and threats of economic potential in Pesantren. Based on the findings, Pesantren had sufficient capital in the economic development of the community, including public capital, educational competency capital, and capital of management pesantren. However assets, technology, and information capital owned by pesantren still low, there needs to be penetration from the government in the form of incentives to support the involvement of pesantren in economic empowerment.

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