Tinjauan Yuridis Penerapan Sanksi Pidana Penjara Dan Pelatihan Kerja Terhadap Anak Pelaku Tindak Pidana Pencabulan (Studi Putusan Nomor: 78/PID.SUS-ANAK/2019/PN. LBP)”.

Author(s):  
Syarifuddin Syarifuddin

The purpose of the juvenile criminal justice system is basically to protect the dignity of children, especially the protection of the law in the justice system. Therefore, the juvenile justice system is not only emphasized on imposing sanctions on imprisonment alone, but also on children's responsibilities. The research is descriptive in nature because it only explains about legal arrangements, the application of criminal sanctions, as well as the legal considerations of judges in deciding cases of perpetrators of sexual abuse in the Decision of the Lubuk Pakam Court Number: 78 / Pid.Sus-children / 2019 / PN-Lbp).The application of sanctions which is found in legal arrangements contained in Article 71 to Article 83 of the SPPA Law is imprisonment for 3 (three) years 6 (six) months and job training for 2 (two) months. Judge's legal considerations are based on the age of the child and the potential of the child as the next generation who have knowledge and skills, so it is necessary to be equipped with certain knowledge or skills or expertise in the hope that the child returns to the community based on the judge’s believe. The sustained socialization against law enforcement officers and the public need to do, thereby it can optimize joint commitment in handling children dealing with the law.Keywords: Application of Sanctions, Imprisonment and Training, Child Perpetrators, Sexual Abuse.

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.


2018 ◽  
Vol 3 (4) ◽  
pp. 1-12
Author(s):  
Ellya Susilowati

This study aims to examine how the knowledge and skill of Social Workers in handling Children against Law (ABH) in Indonesia. Social Worker is a profession mandated by Law No. 11 of 2012 concerning the Juvenile Criminal Justice System has some duties, among others, such as assisting the recovery process and changes in Children behavior; giving consideration to law enforcement officers for handling children social rehabilitation; accompany the delivery of Children to their parents, government agencies or community institutions; and approach the community to be willing to accept the children in their social environment. This study used a qualitative approach with descriptive methods for six social workers who carried out tasks in Cianjur regency, West Java. Data collection techniques used interviews, observation and documentation studies. The results indicated that the knowledge and skills of Social Workers in carrying out the tasks of handling ABH still had some limitations, especially in the application of working skills with ABH. The recommendations of this study are: 1) Education and Training Center in the ABH training for Social Workers needs to increase knowledge and skills about social rehabilitation; 2) Children social workers conduct regular discussions and sharing on the competence of social work related to the handling ABH.


2011 ◽  
Vol 22 (4) ◽  
pp. 422-447 ◽  
Author(s):  
Devon Johnson ◽  
Daniel Brazier ◽  
Katrina Forrest ◽  
Crispin Ketelhut ◽  
Darron Mason ◽  
...  

Research indicates that public approval for the use of racial/ethnic profiling to prevent crime is low. In contrast, recent research and polling data suggest the public is more supportive of the use of racial/ethnic profiling to prevent terrorism. Using a survey-based experiment that varies the context for the use of racial/ethnic profiling (to prevent crime or to prevent terrorism), this study examines whether public approval for the use of racial/ethnic profiling by law enforcement officers differs across context. In addition, multivariate analyses examine whether the factors that are associated with support for the use of profiling, including race of respondent, salience of crime and terrorism, perceived racial bias in the justice system, and racial stereotyping, vary across context.


2020 ◽  
Vol 2 (01) ◽  
pp. 35-45
Author(s):  
Muhammad Rizki Mauludin Sunia ◽  
Okta Ainita

Criminal acts can encourage other people to commit crimes, because many parties involved in criminal acts such as receiving, buying or accommodating goods from the crime of theft. The problem in research is what is the factor that causes the perpetrators to commit criminal acts of rubber gum extraction at PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, how to apply criminal sanctions against perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, based on Decision Number 313 / Pid.B / 2018 / Pn.Kla and How is the crime prevention effort for perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang District, South Lampung Regency. The judge should give criminal sanctions to the defendant to consider juridical factors as stipulated in the law. It is expected that the related law Enforcement officers will be more professional in carrying out their duties in upholding the law against perpetrators of fraud in office, and the public has legal awareness to report immediately if there is a similar crime.


2020 ◽  
Vol 8 (3) ◽  
pp. 1
Author(s):  
James F. Anderson

Scholars, researchers, and law enforcement officers examining child sexual abuse cases are beginning to report that adolescent and adult females are responsible for a growing number of sexual offenses. This new revelation may reveal that justice officials and many in the lay public do not view the gravity of female and male sexual offending equally. This investigation reveals that female sex offending is more common than traditionally thought and is a neglected criminal justice issue. It also shows that until society recognizes that sex offending is not a gendered crime, more cases will escape the attention of the criminal justice system.


2021 ◽  
Vol 1 (2) ◽  
pp. 149
Author(s):  
Zulita Anatasia

The purpose of this writing is to try to find out the existence of law enforcement regarding diversion in the handling of cases committed by children in the Juvenile Justice System Law and to see the effectiveness of implementing the diversion policy in handling cases of criminal acts committed by children. The research was carried out in a normative juridical manner, with a statute approach and a conceptual approach using descriptive qualitative analysis. The results of this paper show that law enforcement regarding cases involving children with a diversion policy is rigidly regulated in Law, namely Law Number 11 of 2012 concerning the Juvenile Justice System, as well as related regulations such as Law Number 23 of 2002 concerning Child Protection, and Law -Law Number 13 of 2006 concerning Protection of Witnesses and Victims. In addition to law regulations there are implementing regulations such as Government Regulation Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Not Aged 12 (Twelve) Years Old and Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System. In addition, the effectiveness of law enforcement does not run effectively in practice, this shows that the diversion policy to realize restorative justice is not being implemented properly, the linkages between external and internal components are not evenly distributed, both law enforcers and the roles of stakeholders, this has an impact The diversion policy and the goal of realizing restorative justice which has not been effectively implemented are influenced by several factors such as limited Human Resources (HR) who have not supported the implementation of the SPPA Law and training for legal structures.


Author(s):  
Kelly Gallagher-Mackay

AbstractThe Nunavut Land Claim Agreement commits federal and territorial governments to the recruitment and training of Inuit for positions throughout government. In the justice sector, there is currently a major shortage of Inuit lawyers or future judges. However, there also appears to be a fundamental mismatch between what existing law schools offer and what Inuit students are prepared to accept. A northern-based law school might remedy some of these problems. However, support for a law school requires un-thinking certain key tenets of legal education as we know it in Canada. In particular, it may require a step outside the university-based law school system. Universities appear to be accepted as the exclusive guardian of the concept of academic standards. Admission standards, in particular, serve as both a positivist technology of exclusion, and a political rationale for the persistence of majoritarian institutions as the major means of training members of disadvantaged communities. Distinctive institutions – eventually working with university-based law schools – have the potential to help bridge the education gap between Inuit and other Canadians. In so doing, they have the potential to train a critical mass of Inuit to meaningfully adapt the justice system to become a pillar of the public government in the Inuit homeland of Nunavut.


2021 ◽  
Vol 4 (1) ◽  
pp. 28-34
Author(s):  
Nontje Rimbing ◽  
Meiske T. Sondakh ◽  
Eske N. Worang

This study investigates child sexual abuse cases that remain high in Manado as well as its law enforcement against the perpetrators, especially for underage perpetrators. By using a normative legal method, this research paper aims to examine legal materials, namely the Criminal Code and the Child Protection Law No. 35 of 2014 by collecting empirical data about law enforcement by the North Sulawesi Regional Police. The findings indicate that the law enforcement on underage perpetrators depends on the investigators in charge, in principle, under Law no. 35 of 2014, and they are detained in Child Care Centers of Tomohon. Also, this research specifically underlined that law enforcement against underage perpetrators has followed the procedures of the juvenile justice system, while the victims do need special attention of institutions outside the police. To ensure the rights to education in detention, this study suggests to make special rules regarding the obligation of teachers to provide private lessons.


2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way


2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law


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