scholarly journals PERWUJUDAN KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK MELALUI DIVERSI

2017 ◽  
Author(s):  
Kristina Agustiani Sianturi

Every year, children in conflict with the law increases so it is needed to handle an alternative in the way to enforce restorative justice. Bill Number 11 0f 2012 concerning Juvinele Justice System which is accomodated to handle Juvenile Deliquency for diversion. This regulation defines diversion is the transfer of the settlement of the child to the criminal justice process outside the criminal justice process. Diversion obligates to be done by officers started from police investigator, public prosecutor until judge. The important of handling of diversion process for children in conflict with the law needed a commitment for every single officers to apply diversion process. On the other hand, education and training should be given to every officers especially police investigator, public prosecutor even judge relates handling children in conflict with the law.

LITIGASI ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Edi Suharto

Act No. 11 Year 2012 on the Juvenile Justice Systemthat now come into force, grounded in the concept of restorative justice. Restorative justice is the completion of the criminal case together relevant parties in order to seek a fair settlement with the emphasis on restoring back to its original state. To achieve this restorative justice efforts for settling disputes diversion or transfer of children from the criminal justice process to the outside of the criminal justice process. At this diversion efforts have implications for social work. If previously a social worker who has a small role for children in conflict with the law (ABH), it is now a greater role. So it is necessary to enhance the quality and quantity of social workers. Improved quality and quantity must be followed by efforts such as education and training. Institutional quality of social welfare services should also be strengthened because it is the institution that will hold ABH when diversion efforts agreed by the parties.Keyword: Restorative Justice; Diversion; Social Workers ABSTRAKUU SPPA yang sekarang mulai berlaku, berpijak pada paradigma restorative justice. Restorative justice merupakan penyelesaian perkara tindak pidana bersama-sama pihak terkait dalam rangka mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula. Untuk mencapai keadilan restoratif ini dilakukan upaya diversi atau pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses di luar peradilan pidana. Pada upaya diversi inilah memiliki dampak bagi pekerjaan sosial. Jika sebelumnya pekerja sosial mempunyai peranan yang kecil kepada anak yang berhadapan dengan hukum (ABH), maka kini peranannya lebih besar. Sehingga dibutuhkan peningkatan kualitas maupun kuantitas. Peningkatan kualitas maupun kuantitas harus diikuti dengan upaya seperti pendidikan dan pelatihan. Kualitas kelembagaan pelayanan kesejahteraan sosial juga harus diperkuat karena lembaga inilah yang akan menampung ABH ketika upaya diversi disepakati para pihak.Kata Kunci: Restoratif Justice; Diversi; Pekerja Sosial


2020 ◽  
Vol 2 (2) ◽  
pp. 194-200
Author(s):  
Mhd. Hendara Adha ◽  
Edi Warman ◽  
Triono Eddy

This article discusses how the law arrangements in the juvenile justice in the process of resolving the case, How restorative justice restrictions in law enforcement in Indonesia and How the application of Restorative justice law in the process of settlement of criminal case in Criminal Law in Indonesia. This type of research is normative juridical that describes reviewing and explaining and analyzing normative provisions associated with restorative justice applicable in Indonesia. From the above discussion that restorative justice in the settlement of criminal acts committed by children is very concerned in rebuilding relations after the occurrence of criminal acts, rather than exacerbate the rift between the perpetrators, victims and the community which is the character of the current modern criminal justice system. The restorative criminal justice process holds the view that realizing justice is not only a matter of government and criminality, but more than that it must provide justice in totality that can not ignore the interests and rights of victims and society. Implementation of the principle of restorative justice and the process of diversion as an effort to solve crimes committed by children in formal juridical has been set clearly and firmly in Law Number 11 Year 2012 about kids of justice.


2018 ◽  
Vol 1 (1) ◽  
pp. 95-106
Author(s):  
Pangestika Rizki Utami

The concept of diversity and restorative Justice is a criminal cases settlement form that provide children protection by promoting the best interest of the child principle. To protect children from the formal process of criminal justice system, the legal and humanitarian experts conceptualize the act of removing child who has allegedly committed a criminal offense from the general criminal justice process by providing an alternative punishment that is considered better for children. The concept of diversion is created based on the fact that the criminal justice process for children as the perpetrators through the conventional criminal justice system causes more harm than good. Restorative Justice is a fair resolving criminal cases system with by emphasizing recovery in its original state. This article will discuss about the shifting of children criminal responsibility from conservative criminal penalties to child friendly criminal penalties with the concept of diversity and restorative justice.


2021 ◽  
Vol 2 (1) ◽  
pp. 202-206
Author(s):  
Putu Ayu Sarina Selsa Oktaviani ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Gede Sugiartha

This research aims to find out how implementation of the diversion of the perpetrators of the abuse of narcotic drugs by using the method of the approach of restorative justice by involving the perpetrator, the victim, the family of the offender or the victim, community counselors and professionals. The research method used is the normative legal research with approach of legislation, articles as well as the doctrine or the views from experts associated with the diversion and narcotic in children. With regard to the handling of child abuse of narcotic drugs, the problems in this thesis is the arrangement of diversion by law about the criminal justice system of the child and the application of diversion through approach restorative justice in the criminal offence of child perpetrator of abuse of narcotic. The settings regarding diversion here is actually a settling criminal acts with children outside of the criminal justice process. Where the diversion can be carried out against the perpetrator of the crime that the threat of punishment of less than 7 (seven) years and is not a repetition of the crime. Against the application of the abuse of narcotics diversion for children conducted through deliberation in accordance whit the provisions of article 8 of law about the criminal justice system so that children can make a deal with diversion consider the child’s interests, in this case intended to avoid and keep children from the judicial process. In terms of the results of the diversion agreement already agreed upon with the parties where the implementation of the outcome of the diversion agreement would of course also have to be monitored both from the elderly, the environment, and investigators also rehabilitation center to ascertain if the result of the diversion deal was already done by the child and reported to the Chairman of the District Court where the implementation of such diversion is implemented.


Jurnal Hukum ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 165
Author(s):  
Aryani Witasari ◽  
Muhammad Sholikul Arif

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.


2018 ◽  
Vol 1 (1) ◽  
pp. 079-084
Author(s):  
Nurmalawaty Nurmalawaty

Ide Diversi pada awalnya dicanangkan dalam United Nation Standard Minimum Rules for the Administration of Juvenile Justice atau dikenal dengan The Beijing Rules. Diversi merupakan pemberian kewenangan kepada aparat penegak hukum untuk mengambil tindakan atau kebijaksanaan dalam menangani atau menyelesaikan masalah pelanggar anak dengan tidak mengambil jalan formal, misalnya dengan menghentikan atau tidak meneruskan/melepaskan dari proses peradilan pidana. Dengan diundangkan Undang-undang Nomor 11 tahun 2012 tentang Sistem Peradilan Pidana Anak pada tanggal 30 Juli 2012, dan mulai berlaku 2 tahun kemudian, maka Indonesia secara sah sudah memiliki suatu peraturan yang memberikan perlindungan hukum terhadap anak yang berhadapan dengan hukum dengan salah satu metodenya adalah Diversi. Selanjutnya sebagai Peraturan Pelaksana dikeluarkannya Perma Nomor 4 tahun 2014 tentang Pedoman Pelaksanaan Diversi Dalam Sistem Peradilan Anak, dan Peraturan Pemerintah Nomor 65 tahun 2015 tantang Pedoman Pelaksanaan Diversi dan Penanganan Anak yang Belum Berumur 12 tahun. Pada prinsipnya Diversi dengan pendekatan keadilan restoratif untuk memberikan jaminan perlindungan hukum terhadap anak yang berhadapan dengan hukum untuk menghindari stigmatisasi terhadap anak serta diharapkan anak dapat kembali ke dalam lingkungan social secara wajar. Keadilan Restoratif adalah suatu proses dimana semua pihak yang terlibat dalam suatu perkara pidana bersama-sama menyelesaikan masalah serta menciptakan suatu kewajaran untuk membuat segala sesuatunya menjadi lebih baik dengan melibatkan korban, anak dan masyarakat dalam upaya mencari solusi memperbaiki dan menentramkan hati dengan tidak berdasaarkan pembalasan.   The idea of Diversion was originally proclaimed in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, otherwise known as The Beijing Rules. Diversion is the granting of authority to law enforcement officials to take action or policy in handling or resolving problems of child offenders by not taking a formal path, for example by stopping or not continuing / releasing from the criminal justice process. With the enactment of Act No. 11 of 2012 concerning the Child Criminal Justice System on 30 July 2012, and entered into force 2 years later, Indonesia has legally established a regulation that provides legal protection for children facing the law, with one of its methods called Diversion. Furthermore, as the Implementing Regulation, the issuance of Supreme Court Regualtion No. 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Justice System, and Government Regulation No. 65 of 2015 concerning The Guidelines for the Implementation of Diversion and Handling of Children Under 12 Years Old. In principle, Diversion with a restorative justice approach is to guarantee legal protection for children facing the law to avoid stigmatization of children and it is expected that children can return to the social environment fairly. Restorative Justice is a process where all parties involved in a criminal case together solve a problem and create a fairness to make things better by involving victims, children and the community in an effort to find solutions to improve and reassure by not responding to retaliation.


Author(s):  
Malcolm M. Feeley

Problem-solving courts and restorative justice programs provide important new alternatives to cope with recurring problems in the criminal justice process. But they are much more. They are harbingers of a new theory of the criminal justice process that challenges traditional accounts in fundamental ways. Although practices akin to problem-solving courts and restorative justice have long operated outside or below the radar of the theory of criminal law and the adjudicative process, over the past few decades these practices have come to the fore and are now supported with full-blown theories, which threaten to displace traditional accounts of criminal responsibility, criminal liability, and indeed the core features of the criminal justice process. The new theories are based on theories of regulation, where the objective is not so much to enforce the law as it is to secure compliance to the law in order to facilitate harm reduction and restore social order. Nowhere is this new development so clearly seen as in the opening chapters of John Braithwaite’s important book, Restorative Justice and Responsive Regulation. In this book, Braithwaite offers a full-throated theory of the new criminal justice process that is based on recent developments in regulatory theory and, most particularly, responsive regulation, which Braithwaite helped to develop. This model is implicit to varying degrees in any number of recent developments in the criminal justice process, and in this paper, I argue it has the potential for displacing the classical theory of criminal law.


2020 ◽  
Vol 2 (2) ◽  
pp. 92-101
Author(s):  
Christian A Caesar

Diversion is the settlement of juvenile cases that have been transferred from the criminal justice process to the non-criminal justice process. This is because the child is the party who has not been able to legally account for his dressing. The purpose of the research was to analyse in depth the background execution of the diversion of the dealing with the law and the obstacles affecting the implementation of diversion. This research uses a type of normative empirical legal research by finding the empirical in the field that concerns the problems of primary that is obtained directly from the results of the interviews with respondents and interviewees as well as data secondary data is obtained through literature-literature which deals directly with the issue discussed in this study. The research results give a hint that execution is a form of diversion pemidanaan the more education against children as well as the factors that influence the implementation of restorative justice in the diversion on the criminal justice system, child is a factor the substance of the law, human resource law enforcement officers who have yet to grasp the versioned, support and cooperation among related agencies not optimal, and are also victims/families of the victims have not been able to receive them well on diversion.


Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 31
Author(s):  
Rhiannon Davies ◽  
Lorana Bartels

This article focuses on gendered experiences of the criminal justice system, specifically the experiences of adult female victims of sexual offending and the communication difficulties they experience during the criminal justice process. Drawing on the findings from qualitative interviews about sentencing with six victims and 15 justice professionals in Australia, we compare the lived experiences of the victims with the perceptions of the justice professionals who work with them, revealing a significant gap between the information justice professionals believe they are providing and the information victims recall receiving. We then analyse the international literature to distil effective communication strategies, with the goal of improving victims’ experiences of the criminal justice system as a whole. Specifically, we recommend verbal communication skills training for justice professionals who work with victims of crime and the development of visual flowcharts to help victims better understand the criminal justice process. We also recommend that Australian victims’ rights regimes be reformed to place the responsibility for providing information about the criminal process on the relevant justice agencies, rather than requiring the victim to seek this information, and suggest piloting automated notification systems to help agencies fulfil their obligations to provide victims with such information.


Sign in / Sign up

Export Citation Format

Share Document