scholarly journals PEMBATASAN DIVERSI TERHADAP ANAK YANG MELAKUKAN RECIDIVE

2021 ◽  
Vol 14 (1) ◽  
Author(s):  
Zeha Dwanty El Rachma
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Human Right ◽  
Criminal Offenders ◽  
The Family ◽  
Criminal Suspects ◽  
The Right ◽  
Positive Effect

AbstractChildren are the most valuable treasure, for the family, society and nation. The constitution expressly states in Article 28B paragraph 2 which states that every child has the right to justice and legal protection in their development which is free from violence and discrimination. The explanation of this article is a basic human right that must be fulfilled. At this stage of searching for identity it is influenced by their mentality, so that children sometimes still do not understand whether the action is good or not. Sometimes children are easily affected by situations and conditions around them, especially if the environment is very bad for them. If the child is comfortable, there will be a concern if the child violates the law. Children who are already criminal offenders need a criminal justice system strategy that is to try to minimize intervention in the juvenile criminal justice system. Diversion is a policy carried out to prevent (diversion) the perpetrator from the formal criminal justice system, but there are conditions for diversion, which is not a criminal repetition. The research method used in this study is the normative juridical method. The results obtained are the results of the diversion show that the diversion has not fully had a positive effect on children who are criminal suspects, it is proven that by the recurrence of criminal acts by the suspect.Keywords: child; diversionAbstrakAnak merupakan harta yang paling berharga, bagi keluarga, masyarakat dan bangsa. Konstitusi secara tegas dalam Pasal 28B ayat (2) yang menyatakan  Setiap anak berhak mendapatkan keadilan serta perlindungan hukum dalam tumbuh kembangnya yang bebas dari kekerasan dan diskriminasi. Penjelasan dari pasal tersebut merupakan hak asasi anak yang wajib dipenuhi. pada tahapan pencarian jati diri ini dipengaruhi oleh mentalitasnya, sehingga anak terkadang masih belum paham apakah tindakan tersebut baik atau tidak. Terkadang anak mudah terpengaruh oleh situasi dan kondisi di sekitarnya, apalagi jika lingkungan tersebut sangat buruk bagi mereka. Apabila anak sudah nyaman maka akan dikhawatirkan bila anak tersebut melanggar hukumAnak yang terlanjur menjadi pelaku pidana diperlukan strategi sistem peradilan pidana yaitu mengupayakan seminimal mungkin intervensi sistem peradilan pidana anak.Diversi merupakan kebijakan yang dilakukan untuk menghindarkan (Pengalihan) pelaku dari sistem peradilan pidana formal,Tapi terdapat syarat untuk dilakukannya diversi yaitu bukan merupakan pengulangan Pidana. Metode Penelitian yang digunakan dalam penelitian ini adalah metode yuridis normatif. Hasil penelitian yang didapat adalah menunjukkan bahwa diversi belum sepenuhnya memberikan pengaruh positif bagi anak yang menjadi tersangka pidana, hal itu dibuktikan bahwa dengan berulangnya tindak pidana oleh tersangka.

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 IMPLEMENTASI DIVERSI GUNA MEWUJUDKAN RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK.

Jurnal Hukum ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 165
Author(s):  
Aryani Witasari ◽  
Muhammad Sholikul Arif
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Legal Protection ◽  
Legal Research ◽  
Criminal Offenders ◽  
Approach Method ◽  
Justice Process ◽  
Criminal Justice Process

The research objective is to identify and analyze the implementation of Diversion in order to realize Restorative Justice in the Juvenile Criminal Justice System in an effort to provide legal protection for child criminal offenders. The approach method used in this research is normative juridical or library law research or doctrinal law research, namely legal research by examining library materials and secondary materials, the results of the study found that the obligation to seek diversion with the Restorative Justice approach at every stage in the criminal justice process Children must be carried out in the Criminal Justice System, Diversion as a step towards transferring the settlement of children's cases from the criminal justice process to non-criminal justice processes by prioritizing the Restorative Justice approach which can be carried out by way of deliberation or mediation which emphasizes efforts to restore back to its original state in a friendly manner.

scholarly journals PENERAPAN BANTUAN HUKUM DALAM PROSES PENYIDIKAN DENGAN PRINSIP ACCUSATOIR

2020 ◽  
Vol 18 (1) ◽  
Author(s):  
Muhammad Rusli Arafat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Legal Aid ◽  
Police Investigation ◽  
The Right ◽  
Investigation Process

<table width="605" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="406"><p><em>Investigation of criminal case through the criminal justice system must to base on the appropriate processes and procedure that can be accounted. One of the important procedures to investigation is the right to get legal protection.  Legal protection is one of the fundamental rights that every human being possesses, one form of legal protection is right to obtain legal aid in every steps of investigation process. The legal aid has an important meaning for someone who dealing with legal issues. This research is discussed about application of legal aid in the process of police investigation. This research also specializes in the approach using the rule of national law (legislation) to be able to know the application of legal aid with the principle of accusatoir. The result of this research is Legal aid can reduce the number of violence in the process of investigation of suspects by the police (investigation) in order to protect the human rights of the suspect, the role of legal aid is needed, the number of investigation of suspects not accompanied by advocate it cause torture of the suspect, because the investigator considers the suspect to be an object of inspection instead of placing the suspect as the subject of the investigation.</em></p><p><strong><em>Keywords: </em></strong><em><em>The criminal justice system, Investigation, legal aid, accusatoir principle</em></em></p></td></tr></tbody></table>

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Sophy Baird
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Freedom Of Expression ◽  
Best Interests ◽  
Child Victims ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
The Face ◽  
The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

scholarly journals Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems

2020 ◽  
Vol 36 (1) ◽  
pp. 53-62
Author(s):  
John Kenedi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Conceptual Approach ◽  
Constitutional Protection ◽  
Unfair Treatment ◽  
Criminal Offenses ◽  
Constitutional Protections

The constitutional protections toward crime witnesses in Indonesia are indisputably inevitable. As an effort to uphold justice, Indonesia relies on the formal mechanism of criminal law known as the criminal justice system. The system starts from reports by the police, prosecution by the prosecutor, to the stage of a trial in a court, and execution in a prison. Throughout its development, the criminal justice system seemed to focus more on protecting criminal offenses (criminal oriented) rather than paying attention to the rights of witnesses and victims (witness and victim-oriented). Therefore, the studies that concern the rights of witnesses and victims are highly needed in order to figure out ways to balance the treatment between the suspects/defendants and the witnesses and victims. Through the use of the statue approach and conceptual approach, the positions and the rights of legal protection for witnesses and victims are thoroughly captured and described in this current research. Besides, the factors causing uneven attention and unfair treatment toward crime victims are also specifically identified.

Housing Inequalities, Crime, and the Criminal Justice System: The Shifting Context in England and Wales since the 1980s

2021 ◽  
pp. 242-264
Author(s):  
Emily Gray ◽  
Phil Mike Jones ◽  
Stephen Farrall
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Unintended Consequences ◽  
Policy Changes ◽  
Property Owners ◽  
Life Course Studies ◽  
Legislative Changes ◽  
The Right ◽  
Right To Buy

One of the first steps Margaret Thatcher’s government took following their election in 1979 was to introduce legislation that enabled sitting council tenants to buy their council homes. This chapter assesses the legacy of this policy on the experiences of homelessness and contact with the criminal justice system of two cohorts of UK citizens. Using longitudinal studies of people born in 1958 and 1970, the authors explore how policies intended to turn council tenants into property owners, may have also increased the risks of homelessness, and contact with the criminal justice system for others as well as subsequent generations. The authors assess how legislative changes can shape the lives of citizens, and highlight some of the unintended consequences of the ‘right to buy’ policy. Our chapter, therefore is essentially about the investigation of the outcomes of radical system deregulation. Our chapter draws upon concepts derived from life-course studies and historical institutionalist thinking in order to understand in-depth how radical policy changes may shape and alter the lives of ordinary citizens.

scholarly journals Strategic Incapacitation of Indigenous Dissent: Crowd Theories, Risk Management, and Settler Colonial Policing

2018 ◽  
Vol 43 (4) ◽  
pp. 325-348 ◽  
Author(s):  
Miles Howe ◽  
Jeffrey Monaghan
Keyword(s):  
Risk Management ◽  
Social Movements ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Protest Policing ◽  
Indigenous Social Movements ◽  
The Right ◽  
Management Of Risk

Engaging scholarship from sociologies of security to protest policing, this article explores how risk management and actuarial tools have been operationalized in Canadian policing of Indigenous protests. We detail RCMP actuarial tools used to assess individual and group risk by tracing how these techniques are representative of much older trends in the criminal justice system surrounding the management of risk, but also have been advanced by contemporary databanking and surveillance capacities. Contesting public claims of police impartiality and objectivity, we highlight how the construction of riskiness produces an antagonism towards “successful” Indigenous protests. Though the RCMP regularly claim to “protect and facilitate the right to lawful advocacy, protest and dissent,” we show how these practices of strategic incapacitation exhibit highly antagonistic forms of policing that are grounded in a rationality that seeks to demobilize and delegitimize Indigenous social movements.

“Do you understand these charges?”: How procedural communication in youth criminal justice court violates the rights of young offenders in Canada

Semiotica ◽  
2019 ◽  
Vol 2019 (229) ◽  
pp. 173-191
Author(s):  
Tara Suri
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Oral Language ◽  
Justice System ◽  
Young Offenders ◽  
Legal Professionals ◽  
Youth Criminal Justice Act ◽  
Government Of Canada ◽  
The Right ◽  
Criminal Courtroom

AbstractThis paper considers Canada’s young offenders in the context from which they enter the youth criminal courtroom. To determine how youth criminal justice courts violate the Canadian Youth Criminal Justice Act (YCJA), this analysis relates said context to several phenomena, including legal linguistics, oral language competency, literacy, communicative competency, non-verbal communication, the physical structure of youth courtrooms, and legal translation (Government of Canada eds. 2018. Youth criminal justice act. Ottawa: Government of Canada.). As a result of the standards of procedural communication upheld by the Canadian criminal justice system, young people’s rights, including the right to be respected regardless of cultural, ethnic, or linguistic differences, the right to be heard and to participate in proceedings, the right to be sentenced meaningfully, the right to privacy, and the right to be tried in a timely manner are abused in the youth criminal courtroom. Although insufficient structures of procedural communication cause these issues and are beyond the control of counsel, defense counsel are often blamed for their effects. Legal professionals must make important adjustments such as altering the formal speech required in youth criminal courtrooms, employing legal professionals with the role of translating legal jargon to young people in the courtroom, and closing youth courtrooms off from the public to reduce the YCJA violations occurring in youth criminal justice court. These adjustments are ultimately the responsibility of the Canadian criminal justice system.

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