Comparison of Children's Court Law with Child Criminal Justice System Law

2021 ◽  
Author(s):  
Herman B
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Analysis Approach ◽  
Criminal Cases ◽  
The Law ◽  
Children's Court ◽  
Children’S Court

The purpose of this writing is to determine the examination of the child from the case of the arrangement of the Child Facing The Law in the Court according to the Law of the Children's Court with the Law of the Criminal Justice System of the Child. This research uses normative research supported by legal approach, analysis approach, and case approach. The results showed Law No. 3 of 1997 on The Children's Court was, in principle, born to protect and care for children in conflict with the law. However, it turns out that legally the Children's Court Law is not able to provide legal protection against Children Facing the Law. Therefore, Law No. 11 of 2012 on The Criminal Justice System of Children was born to replace the Children's Court Law. In the event of a change in the Law, there are striking differences in the handling of issues relating to children in the examination of criminal cases in court

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 Legal Protection Reform for Children Conflicted with Law

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 59
Author(s):  
Emy Rosna Wati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Court ◽  
Legal Protection ◽  
Victims Of Crime ◽  
The Law ◽  
The Government

The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014). Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1), 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK BERKONFLIK DENGAN HUKUM DI LEMBAGA PEMASYARAKATAN

2021 ◽  
Vol 3 (3) ◽  
Author(s):  
Bella Rizky Armany ◽  
Husni H ◽  
Ummi Kalsum
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
The Law

Law Number 11 of 2012 concerning the Criminal Justice System for Children Article 1 Section (1) number 3 children in conflict with the law are children who are 12 years old but not yet 18 years old who are suspected of committing a criminal act. We can see the legal protection for children. when the child is in conflict with the law and is subject to imprisonment with the loss of rights that the child has. The conditions for handling children who commit criminal acts are very worrying, because some children who are in conflict with the law are brought together in adult prisons.

scholarly journals Penerapan Restorative Justice Dalam Peradilan Pidana Anak di Pengadilan Negeri Watansoppeng

2020 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
A. Sudarman Kantao ◽  
Azwad Rachmat Hambali ◽  
Muh. Rinaldy Bima
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Legal Protection ◽  
Cultural Factor ◽  
District Court ◽  
Trial Process ◽  
The Law

Penelitian ini bertujuan menganalisis dan memperoleh pemahaman terhadap penerapan nilai serta hambatan dalam penerapan keadilan restoratif pada perkara peradilan pidana anak sesuai dengan Undang-undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak dalam rangka memberikan perlindungan hukum bagi Anak yang berkonflik dengan hukum dan kendala yang dihadapi majelis hakim pengadilan Negeri watansoppeng dalam menerapkan keadilan restoratif untuk mengadili tindak pidana yang dilakukan oleh anak. Hasil penelitian menunjukkan bahwa terkait proses persidangan terhadap kasus anak, hakim Pengadilan Negeri Watansoppeng senantiasa mengupayakan penerapan restoratif justice dengan memberi saran kepada korban, terdakwa dan pihak keluarga untuk mengusahakan perdamaian sebagai upaya penyelesaian kasus di luar jalur persidangan, namun upaya tersebut seringkali ditolak oleh korban dan keluarganya dan menginginkan agar pelaku dihukum seberat-beratnya. Faktor Kebudayaan dari keluarga korban inilah yang tidak mendukung penyelesaian perkara di luar peradilan atau perdamaian. This study aims to analyze and gain an understanding of the application of values ​​and obstacles in the application of restorative justice in juvenile criminal justice cases in accordance with Law Number 11 of 2012 concerning the Criminal Justice System for Children in order to provide legal protection for children who are in conflict with the law and the obstacles they face. watansoppeng District Court panel of judges in implementing restorative justice to adjudicate crimes committed by children. The results showed that in relation to the trial process for juvenile cases, the judges at the Watansoppeng District Court always tried to apply restorative justice by advising victims, defendants and their families to seek peace as an effort to resolve cases outside the court, but these efforts were often rejected by the victim and his family and wants the perpetrator to be punished as severely as possible. The cultural factor of the victim's family does not support the settlement of cases outside the court or peace.

scholarly journals PENAL MEDIATION AS AN ALTERNATIVE RESOLUTION IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM (A DIGNIFIED JUSTICE JURISPRUDENCE)

2020 ◽  
Vol 8 (10) ◽  
pp. 12-21
Author(s):  
Yoyok Ucuk Suyono , SH. , MHum ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Due Process ◽  
Criminal Code ◽  
Human Beings ◽  
Discretionary Power ◽  
Criminal Cases ◽  
The Law

Restorative justice perspective in this paper sees a penal mediation as a non-penal means within the Law. This institution has been utilised as an alternative in the Indonesian Criminal Justice System to deliver dignified justice in criminal cases. Although this model appeared as vague, since stipulated only between the lines in the Indonesia Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), the concept of restorativejustice has been existing in the Indonesian Volksgeist (the Spirit of the Indonesian, i.e. Pancasila) from the begining of time. This author would argue bellow that penal mediation has been used to mitigate penal cases by law enforcement institutions in order to achieve dignified justice in the concept of restorative justice, to serve human as human beings recognised by the Law in the Pancasila Legal System. The police may use penal mediation basing upon their discretionary power and the public prosecutors may also use their own prerogative power or the what so called prosecutors power of opportunity in place of the due process and make creative innovations, beginign from misdemeanor or complaint offenses. Even Indonesian judges have broad discretionary authority to use penal mediation in solving criminal cases so that the dignified justice, can be obtained, particularly by victims de lege lata.

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.  

Care-criminalisation: The involvement of children in out-of-home care in the New South Wales criminal justice system

2017 ◽  
Vol 51 (3) ◽  
pp. 412-433 ◽  
Author(s):  
Kath McFarlane
Keyword(s):  
Criminal Justice ◽  
Home Care ◽  
Criminal Justice System ◽  
Justice System ◽  
New South ◽  
New South Wales ◽  
Out Of Home Care ◽  
South Wales ◽  
Children's Court ◽  
Children’S Court

This article discusses the involvement in the New South Wales criminal justice system of a cohort of children in out-of-home care. The paper reports the findings of a four-year research project that investigated the relationship between the child welfare and justice systems as experienced by a cohort of children in the New South Wales Children’s Court criminal jurisdiction. Analysis of 160 case files identified that children in out-of-home care appeared before the Children’s Court on criminal charges at disproportionate rates compared to children who were not in out-of-home care. The out-of-home care cohort had a different and negative experience of the justice system, entering it at a significantly younger age and being more likely to experience custodial remand, than children who had not been in out-of-home care. While both cohorts shared many of the risk factors common to young offenders appearing before the Children’s Court, the out-of-home care cohort experienced significant additional disadvantage within the care environment (‘care-criminalisation’), such that living arrangements designed to protect them from harm instead created the environment for offending. The paper concludes by arguing that a paucity of research exists regarding the drivers and dynamics of care-criminalisation and that more research is needed to explore the criminogenic impacts of a childhood spent in out-of-home care.

scholarly journals Implementation of the Role of Social Research Report in the Juvenile Criminal Justice System

2021 ◽  
Author(s):  
Henny Susilowati ◽  
Wiwit Ariyani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Social Research ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Research Report ◽  
The Law

Children as members of the next generation need to be protected. In the juvenile justice system, children are entitled to legal protection, both in the context of their position as children in conflict with the law (i.e. as criminals) and as victims or witnesses of crime. The laws of the Juvenile Criminal Justice System have been arranged to require the judge to consider the Social Research Report (SRR) given by community advisors before the verdict. The purpose of the study is to explain the benefits of Social Research Reports for children in conflict with the law and the constraints faced in preparing them. The experiment was conducted using an empirical juridical approach by promoting the use of primary data and was supported by secondary data. Based on the results of data analysis, it can be concluded that SRR preparation is very beneficial for children in conflict with the law. It contains conditions that explain the relationship between the condition of the offender and the committed criminal act so that it can be the basis of consideration for law enforcement officers in making the best decision for the children. Keywords: Social Research Report (SRR), Community Advisors (CA), children in conflict with the law

scholarly journals Diversion in the Child Criminal Justice System as an Effort to Implement Restorative Justice

2020 ◽  
Vol 4 (1) ◽  
pp. 64-73
Author(s):  
Dewi Setyowati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Constitutional Rights ◽  
Correctional Institutions ◽  
Criminal Cases ◽  
Whole Process ◽  
The Law ◽  
Constitutional System

The juvenile criminal justice system according to Article 1 of Law Number 11 Year 2012 concerning the Criminal Justice System for Children (hereinafter referred to as SPPA Law) is the whole process of resolving cases of children in conflict with the Law from the investigation stage to the guidance stage after undergoing a crime. The application of SPPA involves many parties consisting of the police, prosecutors, legal advisors, courts, and correctional institutions, and child development. One of the law enforcers (structures) in SPPA that has a significant role is the prosecutor's office. The Prosecutor's Office as the prosecuting body that has been given the authority to solve the problems of children in conflict with the Law (hereinafter referred to as ABH) by using diversion to realize Restorative Justice, as stipulated in the provisions of Article 7 Paragraph 1 of the SPPA Law. What if, in this stage, the diversion was not sought for ABH? What is the form of violations experienced by ABH in the criminal justice system, especially at the prosecution stage? The method used is legal/normative research based on laws and regulations relating to one another. The Indonesian Attorney's Office in the constitutional system, as a body related to judicial authority, with a very dominant function as the dominus litis principle, controls the case process that determines whether a person can be declared a defendant and is submitted to the Court based on legal evidence according to the Law, and as ambtenaar executive implementing the decision and court decisions in criminal cases. The SPPA Law material test is a struggle in the context of maintaining the constitutional rights of law enforcers in their duty and is not intended to reject diversion in handling ABH. This provision is related to the protection of the law enforcement profession guaranteed by the constitution. Even though the Supreme Court has declared article 96 of the SPPA Law being applied unconstitutional or revoked, it does not mean allowing law enforcers the police, judges, and prosecutors not to carry out diversion obligations.

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