scholarly journals MODEL SISTEM PERADILAN ANAK DENGAN PENDEKATAN PSIKOLEGAL

2020 ◽  
Vol 13 (1) ◽  
pp. 44-59
Author(s):  
Gregorius Yoga Panji Asmara ◽  
Yovita Arie Mangesti
Keyword(s):  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
System Model ◽  
Socialization Process ◽  
The Family ◽  
The Law ◽  
Constitutional Right ◽  
Major Consideration ◽  
Oversight Body

Child protection is a constitutional right to realize human rights even though it is aimed at child offenders. The problem of saving culture (deviant culture) is still a major consideration as a cause of the emergence of bad behavior by children. Psycholegal approach found that crime committed by children is influenced by the process of imitation. Incorrect socialization in this imitation process, or exposure to violations of the law, is obtained from the family or social environment around children during prenatal, Christmas, adolesencence until adulthood. Starting from the wrong socialization process and the inability to understand the law in childhood. become one of the triggers of crime. The juvenile justice system model with a psycholegal approach requires diversion by strengthening the legal substance, namely (a) right to as soon as possible without delay by a free/impartial judiciary, (b) standardization of parents/supervisors who are monitored, (c) revitalization of roles Bapas as the oversight body diversion. (d) the elimination of stigmatization and (e) respect for children's privacy rights.Perlindungan anak merupakan hak konstitusional untuk mewujudkan hak asasi manusia meskipun itu ditujukan bagi anak pelaku kejahatan. Masalah sub-budaya menyimpan (deviant culture) masih menjadi pertimbangan utama sebagai penyebab munculnya perilaku jahat oleh anak. Pendekatan psikolegal menemukan bahwa kejahatan yang dilakukan anak dipengaruhi proses peniruan. Sosialisasi yang salah pada proses peniruan ini, atau terpaparnya tindak pelanggaran hukum, didapat dari keluarga atau lingkungan sosial di sekitar anak semasa prenatal, natal, adolesencence hingga dewasa.. Bertitik tolak dari proses sosialisasi yang salah  serta ketidakmampuan memahami hukum di masa kanak-kanak ini menjadi salah satu pemicu munculnya kejahatan. Model sistem peradilan anak dengan pendekatan psikolegal menghendaki diversi dengan penguatan substansi hukum, yaitu (a) hak untuk sesegera mungkin tanpa penundaan oleh badan pengadilan yang bebas/tidak memihak, (b) standarisasi orang tua/pengampu yang terpantau, (c) revitalisasi peran Bapas sebagai badan pengawas diversi. (d) penghapusan  stigmasi dan (e) penghargaan terhadap hak privasi anak.

scholarly journals REKONTRUKSI PASAL 7 AYAT (1), UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK, BERBASIS PRINSIP-PRINSIP INDIVIDUALISASI PIDANA DALAM HUKUM ISLAM

Yustitia ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 79-93
Author(s):  
Maemunah Maemunah
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
District Court ◽  
Comparative Approach ◽  
Level 3 ◽  
The Law ◽  
Special Protection

Children are a trust and gift from God who has dignity and dignity as a whole human being. In order to safeguard his dignity, the child is entitled to special protection, especially legal protection in the justice system. In realizing the maximum child protection, requires a policy that supports the realization of maximum protection, with the issuance of Law Number 11 Year 2012, concerning the Juvenile Justice System. This is done because Indonesia as a State Party in the Convection of children's rights governing the principle of legal protection against children have an obligation to provide special protection for children in conflict with the law. In Article 7 Paragraphs 1 and 2 of the Law on the Juvenile Justice System, article 7 (1) At the level of investigation, prosecution and examination of cases of children in the district court must be endeavored Diversion, (2) Diversion as meant in paragraph (1) is carried out in the case of acts crimes committed: (a) are threatened with imprisonment of less than 7 (seven) years and (b) do not constitute repeat offenses. This study intended to examine and analyze the form of legal construction of the Juvenile Justice System specifically implementing diversion for victims with demands of less than 7 years. The research method uses a statutory approach, a case approach, and a comparative approach to the number of cases by reviewing and analyzing legislation, journals, cases, data and direct interviews. According to the results of the study, it is found that the implementation of legal penal system of the Juvenile Justice System (1) child cases is increasing, (2) diversion is carried out since the investigation up to the court, and there are still many that are done at a higher level, (3) have an understanding, that diversion must be sought, has a meaning that can be done at various levels so that diversion occurs at several levels, and often occurs at the Court level.

KEBIJAKAN HUKUM PIDANA PERLINDUNGAN ANAK DALAM PEMBARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA

2018 ◽  
Vol 2 (3) ◽  
pp. 358
Author(s):  
Candra Hayatul Iman
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Special Treatment ◽  
System Reform ◽  
Best Interest ◽  
Cultural Paradigm ◽  
The Law

Juvenile Delinquency is an anti-social behavior can be disturbing public society, but it is recognized as a common phenomenon that must be accepted as a social fact. Children based on their physical, mental and social have a weak position compared with adults, so that children who committed needs to be special treatment. Therefore, the treatment of juvenile delinquents should be different with the treatment of adults. Child Protection in fact there are still many who have not accommodate the principles of international instruments. In the juvenile court still found violations of children's rights in the implementation of the handling of children in conflict with the law. Research it can be concluded that the formulation of policies for the protection of children in conflict with the law in the juvenile justice system in Indonesia is regulated in Law No. 3 Year l997 on Juvenile Court has not accommodated the principle of the best interest of the child in the juvenile justice system, so it is normative in the formulation did not reflect the level of the basic idea of the protection of children. Thus, the level of normative formulation does not reflect the basic idea of the child protection law. Formulation studies to the protection of children in conflict with the law in the juvenile justice system in accordance with Law No. 11 Year 2012 has been to accommodate the principle of the best interest of the child with the diversion. Yet undiscovered principles of availability of legal aid in the context of the principle of diversion and diversion control authority. Formulation studies to the protection of children in conflict with the law in the juvenile justice system in accordance with Law No. 11 Year 2012 has been to accommodate the principle of the best interest of the child, among others, by focusing on the handling of children in conflict with the law through diversion measures to promote restorative justice approach. Application policy to the protection of children in conflict with the law in the juvenile justice system involves substantial problems, structural and cultural. Paradigm of retributive justice system is still an idea in Act No. 3 of 1997. Keywords: Criminal Law Policy; child protection, juvenile justice system reform.

Why Children Follow Rules

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Early Period ◽  
Review Of The Literature ◽  
Legal Socialization ◽  
Legal Scholarship ◽  
The Family ◽  
The Law ◽  
Ability And Willingness

Legal socialization is the process by which children and adolescents acquire their law-related values. Such values, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities and make legitimacy-based legal systems possible. In their absence people relate to the law as coercion and respond to rewards and punishments. By age eighteen a person’s orientation toward law is largely established, yet recent legal scholarship has largely ignored this early period in favor of studying adults and their relationship to the law. This volume focuses upon socialization and outlines what is known about legal socialization in the family, in schools, and through contacts with the juvenile justice system. Our review of the literature indicates that there are ways to socialize that build legitimacy. These are linked to three issues: how decisions are made, how people are treated, and whether authorities respect the boundaries of their authority. Despite evidence that legitimacy can be socialized, views about the best way to exercise authority are highly contested in America today in families, schools, and within the juvenile justice system. In each case pressures toward coercion are strong. This volume argues for the virtues of a consent-based approach and for utilizing socialization practices that promote such a model.

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.  

PENERAPAN DIVERSI TERHADAP ANAK SEBAGAI PELAKU TINDAKPIDANA PENCURIAN DENGAN KEKERASAN SECARA BERSAMA-SAMA (Studi Kasus Putusan Pengadilan Tinggi Medan Nomor : 6/PID.SUS-ANAK/2017/PT.MDN)

2021 ◽  
Vol 1 (2) ◽  
pp. 140-156
Author(s):  
Suardi Suardi ◽  
Yayan Surya
Keyword(s):  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Child Victim ◽  
High Court ◽  
The Family ◽  
The Law

This study provides examples of cases of children who are in conflict with the law for committing the crime of theft with violence which is carried out together whose case has been decided by the Medan High Court with its decision Number: 6/PID.SUS-ANAK/2017/PT.MDN. The formulation of the problem in the research is how to regulate the diversion of children as perpetrators of the crime of theft with violence? and how is the application of diversion in making decisions against children as perpetrators of violent theft in the Medan High Court Decision Number: 6/PID.SUS-ANAK/2017/PT.MDN?. The research method used by the author is a normative juridical method, which is a research that puts the law as a norm. The system of norms in question is about principles, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Finally, based on the results of the study, the authors conclude that the application of diversion in making decisions against children as perpetrators of violent theft refers to Law Number 11 of 2012 concerning the Child Criminal Justice System and Law Number 35 of 2014 concerning Child Protection, especially those that regulate regarding the application of diversion to those who are in conflict with the law. In the Medan High Court Decision Number: 6/PID.SUS-ANAK/2017/PT.MDN, it turns out that the judge in his decision was guided by the law above so that the judge decided, even though the child (the defendant) was sentenced to prison for 10 (ten) months, does not need to be carried out by the Child, unless the Child has made peace in writing with the Child Victim or with the family of the Child Victim.

scholarly journals JURIDICAL STUDIES AGAINST DIVERSION IN CRIMINAL JUSTICE SYSTEM

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Indah Setyowati ◽  
Ida Musofiana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Best Interests ◽  
Comparative Approach ◽  
Negative Effects ◽  
The Law ◽  
The Relationship

The diversion provisions in the juvenile justice system law whether it has prevented children from the negative effects of the Criminal Justice System. By the way, all children who have problems with the law put the best interests of the child. The method of approach is the statutory approach and the comparative approach. Primary, secondary and tertiary legal materials obtained by the author will be analyzed using the method of systematic interpretation, namely interpretation by looking at the relationship between the rules in an interdependent law.The result, diversion is a settlement of child cases that are carried out outside formal justice with the aim of preventing children from stigmatizing children who are dealing with the law must be in accordance with the purpose of diversion in The Beijing Rules. Whereas in Indonesia, the diversion provisions in the Criminal Justice System Act of the Child are still included in the criminal justice system by giving stronger stigmatization to children who are in conflict with the law and so it is not in accordance with the purpose of diversion in The Beijing Rules. So the diversion provisions in the Child Criminal Justice System Law do not yet reflect the principle of child protection as mandated by the Child Protection Act and the Child Criminal Justice System Law. Where the diversion in the Child Criminal Justice System Law has not fully mandated the principle of the best interests of children viewed from the perspective of child protection, with a view of all issues by placing the child's position as first and foremost.

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 CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON

2018 ◽  
Vol 2 (2) ◽  
pp. 144
Author(s):  
Frans Simangunsong
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Policy ◽  
Electronic Media ◽  
Daily Press ◽  
Special Provision

Cases of narcotics abuse are increasing. This is evidenced by the almost<br />daily press reports from newspapers and electronic media about smuggling, illegal<br />trade, arrests and detention related to the problem of narcotics abuse. The purpose of<br />narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and<br />is threatened with criminality. Criminal policy in an effort to control children as<br />perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on<br />children no later than 1/2 (one half) from the maximum threat of imprisonment for<br />adults. This means that the criminal threat for children who become narcotics couriers is<br />half of the criminal threats contained in the Narcotics Law. For children who become<br />couriers or narcotics brokers, they must be based on the mechanism stipulated in the<br />Child Protection Act and the Juvenile Justice System Law. Law enforcement for<br />perpetrators who are still under age, there is a special provision called diversion, namely<br />the transfer of settlement of child cases from criminal justice processes to processes<br />outside of criminal justice

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

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.

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