scholarly journals Analisis Hukum Tentang Tindak Pidana Seksual Yang Terjadi Di Kota Medan (Study PutusanNomor : 1840/Pid.B/2014/PN.Mdn)

2020 ◽  
Vol 2 (2) ◽  
pp. 194-200
Author(s):  
Mhd. Hendara Adha ◽  
Edi Warman ◽  
Triono Eddy
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Case ◽  
Justice Process ◽  
Criminal Justice Process

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.

scholarly journals REDRESSING THE ONLINE TRANSACTION FRAUD VICTIM TREATMENT AND INTEREST FULFILLMENT IN CRIMINAL JUSTICE SYSTEM

2019 ◽  
Vol 49 (3) ◽  
pp. 650
Author(s):  
Anton Hendrik Samudra
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Material Loss ◽  
Loss Recovery ◽  
Justice Process ◽  
Criminal Justice Process

This article gives idea on how to redress online transaction fraud victim in criminal justice system. The method applied is by looking scholars’ studies, statutes, observation of victimization process and interviewing law enforcement and victim. In several occasions, investigators turned to blame the victim when they report the crime. For several unsolved cases, the victim asked to revoke their report. This caused by investigator’s view that victim recklessness and failure to think what is deservedly suppose is the main cause of the crime. Treatment and interest fulfillment of online transaction fraud victim in criminal justice system should be redressed, such as the accommodation of material loss recovery, and regarding the victim’s interest during criminal justice process.

scholarly journals The Application Of Justice Principles Of Rapid Simple Fee In Criminal Justice System In The State Court (Case Study in State court of Pati)

2020 ◽  
Vol 2 (4) ◽  
pp. 609
Author(s):  
Lailatul Nur Hasanah ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Developed Countries ◽  
State Court ◽  
Law Enforcement Agencies ◽  
Mutual Cooperation

This study aims to determine and analyze the application of the principle of simple justice Rapid Simple Fee in the criminal justice system in the State court of Pati. As well as to identify and explain the barriers and solutions simple application of the principle of justice Rapid Simple Fee in the judicial system in State court of Pati. And to identify and explain the contribution principle is simple justice Rapid Simple Fee in the criminal justice system to reform the criminal justice system in the future. This study uses empirical juridical approach to analysis of the application of the principle of judicial issues simple, quick and inexpensive in the criminal justice system in the State court of Pati. Specifications research is descriptive analysis. With data collection techniques are primary and secondary data and research literature, analyzed using qualitative. The problem is analyzed with the theory of law enforcement and progressive legal theory. The results of this study showed that every judge shall comply with the laws that have been set ie power Act No. 48 of 2009 and Act No. 8 of 1981. Constraints in principle to simple justice Rapid Simple Fee is the human resources of the apparatus law enforcement, lack law enforcement and courtroom facilities, absence of the parties or witnesses. The solution is to determine the court calendar, giving sanction to the litigants or witnesses who have been called State court of Pati. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform.Keywords: Principle of Simple Justice, Rapid Simple Fee In Criminal Justice System in Pati Court

scholarly journals Victims’ rights are human rights: The importance of recognizing victims as persons

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 71-83 ◽  
Author(s):  
Jo-Anne Wemmers
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Crime Victims ◽  
The State ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Right

In this paper the author argues that victims? rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim?s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.

KONSEP DIVERSI DAN RESTORATIVE JUSTICE SEBAGAI PERGESERAN TANGGUNG JAWAB PIDANA PADA SISTEM PERADILAN PIDANA ANAK

2018 ◽  
Vol 1 (1) ◽  
pp. 95-106
Author(s):  
Pangestika Rizki Utami
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Responsibility ◽  
Best Interest ◽  
Criminal Cases ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Criminal Penalties

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.

scholarly journals The Implementation of Diversion by the Investigator of Bandung Police Department Towards Narcotics Cases Conducted by Children

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 156
Author(s):  
Herdiansyah Akhmadi ◽  
Ijud Tajudin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Police Department ◽  
Criminal Court ◽  
Third Party ◽  
Court System ◽  
Justice Process ◽  
Criminal Justice Process

Narcotics crime is not only done by someone who has entered adulthood. In fact, the involvement of children in the vicious circle of narcotic crime has often been encountered. In response, the Government issued Law No. 11 Year 2012 on the Criminal Justice System for Children to accommodate children with legal problems. In the Criminal Justice System Law for Children found a concept that is not encountered in another law that is diversion. Diversion is the transfer of the settlement of child cases from criminal justice process to process outside of criminal justice process. The requirement for a child to be made a diversion effort is a criminal threat against the child is not more than 7 (seven) years and not the repetition of criminal offense. Drug Division of Bandung City Police Department in the period of investigation 2015 - 2017 has handled 7 (seven) narcotics cases done by the child. The success rate of diversion in the BCPD is more than 50%, although not a few factors can hamper the enforcement of diversion itself. This study aims to find out how the process of diversion conducted by BCPD Drug Division and whatever obstacles they face. This research was conducted using normative juridical approach method and empirical juridical research specification, that is by examining secondary data consisting of primary law material, secondary law material, and field research in the form of a third party related interview. It can be argued that the application of diversion is not easy but does not make the process of applying diversion of children stalled. In addition to the necessary reforms in the aspect of a legislative establishment, it is also necessary to develop the infrastructure and capacity building of the law enforcement in the implementation of the diversion process, so that the implementation of diversion system can be done optimally. Thus, Indonesia as a just state of law can provide complete protection and justice for children from the conventional criminal justice systems Keywords: Child Criminal Court System, Diversion, Law Enforcement

scholarly journals Penerapan Diversi melalui Pendekatan Keadilan Restoratif (Restorative Justice) pada Anak Pelaku Penyalahgunaan Narkotika

2021 ◽  
Vol 2 (1) ◽  
pp. 202-206
Author(s):  
Putu Ayu Sarina Selsa Oktaviani ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
The Elderly ◽  
District Court ◽  
Judicial Process ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Narcotic Drugs

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.

scholarly journals Legal Review Enforcement Repressive Legal Efforts Against Narcotics Users Of Children

2021 ◽  
Vol 1 (2) ◽  
pp. 1
Author(s):  
Alfredo Risano ◽  
Ayu Dian Ningtias
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Legal Basis ◽  
Original State ◽  
Legal Remedies ◽  
The Law

 In terms of enforcement the law. Second, legal instruments in the framework of criminal law enforcement abuse of narcotics against minors using a legal basis Law Number 11 of 2012 concerning the Criminal Justice System for Children. In the the provisions of the SPPA Law, in order to prosecute children who are involved with the law, then a diversion effort is carried out, namely a restorative effort or recovery state solve the problem together, in this research is focous about How are repressive legal measures against child narcotics users in under age?. As previously explained, in act Number 11 In 2012 concerning the Juvenile Criminal Justice System, there is a restorative principle (Restorative justice), which is aimed at restoring the original state, meaning efforts to restore the attitudes and mentality of children who have committed acts the crime of narcotics abuse to be as before or as a cure for the criminal act he has committed. Of course, the provisions of the Narcotics Law are not sidelined even though his repressive legal remedies are based on the provisions of law SPPA.

scholarly journals KEBIJAKAN HUKUM PIDANA PENYELESAIAN PERKARA TINDAK PIDANA MELALUI UPAYA DIVERSI BAGI PELAKU DEWASA DALAM MEWUJUDKAN KEADILAN RESTORATIF

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Bendry Almy
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Library Research ◽  
Research Goal ◽  
The Law ◽  
Criminal Legislation

ABSTRAKPrinsip keadilan restoratif dalam peraturan perundang-undangan hukum pidana yang berlaku di Indonesia hanya diatur dalam Undang-Undang Sistem Peradilan Pidana Anak (SPPA) yang diaplikasikan dalam bentuk diversi, namun diversi tersebut hanya ditujukan bagi pelaku tindak pidana anak bukan untuk pelaku dewasa, peraturan perundang-perundangan pidana Indonesia belum mengatur prinsip keadilan restoratif bagi pelaku dewasa. Dalam praktik penegakan hukum, penerapan prinsip keadilan restoratif bagi pelaku dewasa sebagian telah dilaksanakan melalui diskresi, namun secara teoritis dan pratik pelaksanaan diskresi masih bermasalah karena belum memenuhi tiga nilai dasar hukum yaitu keadilan, kepastian dan kemanfaatan, dan diskresi juga bisa menimbulkan permasalahan ketidakadilan, karena adanya perbedaan perlakuan dalam proses penegakan hukum, sehingga asas “equality before the law” tidak dilaksanakan. Tujuan penelitian adalah untuk mengetahui bagaimana pelaksanaan prinsip keadilan restoratif dalam peraturan perundang-undangan pidana yang berlaku di Indonesia dan bagaimana penerapan diversi bagi pelaku dewasa dalam rangka mewujudkan keadilan restoratif. Jenis penelitian yaitu penelitian hukum normatif atau penelitian hukum kepustakaan, untuk mencari dan menemukan data yang dibutuhkan untuk menjawab permasalahan. Hasil penelitian diketahui bahwa peraturan perundang-undangan hukum pidana Indonesia belum mengatur tentang prinsip keadilan restoratif bagi pelaku dewasa, prinsip keadilan restoratif diterapkan baru sebatas untuk pelaku anak yang diaplikasikan dalam bentuk diversi. Secara teoritis, historis, normatif dan praktik prosedural, diversi juga dapat diterapkan untuk menyelesaikan perkara tindak pidana yang dilakukan oleh orang dewasa, namun perlu adanya perubahan dan penyesuaian terutama dalam hal tujuan pelaksanaan, kwalifikasi jenis tindak pidana dan mekanisme atau prosedur pelaksanaannya.Kata kunci: kebijakan hukum pidana; anak; dewasa; diversi; keadilan restoratif.AbstractThe principle of restorative justice in criminal law regulations in force in Indonesia is only regulated in the Law on the Criminal Justice System for Children (SPPA) which is applied in the form of diversion, however the diversion is only intended for child offenders not for adult offenders, Indonesian criminal laws and regulations do not regulate the principle of restorative justice for adult offenders. In law enforcement practices, the application of the principle of restorative justice for adult offenders has been partially implemented through discretion, but theoretically and practically the implementation of discretion is still problematic because it does not meet the three basic legal values, namely justice, certainty and benefit, and discretion can also cause problems of injustice, due to differences in treatment in the law enforcement process, so the principle of "equality before the law" is not implemented. The research goal is to find out how the implementation of the principles of restorative justice in criminal legislation in Indonesia, and how the application of diversion for adult offenders in order to realize restorative justice. This type of research is normative research or library research, to search and find the data needed to answer the problem. The results of the study note that Indonesian criminal law regulations do not regulate the principles of restorative justice for adult offenders, the principle of restorative justice is applied only to the child offenders which is applied in the form of diversion. Theoretically, historically, normatively and procedural practice, diversion can also be applied to resolve cases by adult offenders, but there needs to be changes and adjustments especially in terms of implementation objectives, qualification of the type of crime and the mechanism or procedure for its implementation.Keywords: criminal law policy; children; adults; diversion; restorative justice.

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 ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

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

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