scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Pencurian Ditinjau Dari Kajian Victimlogi (Studi Putusan No : 20/Pid.B/2017/PN. Mdn)

2020 ◽  
Vol 2 (1) ◽  
pp. 41-50
Author(s):  
Jhovindo Sitorus ◽  
Rizkan Zulyadi ◽  
Wessy Trisna
Keyword(s):  
Criminal Justice ◽  
Research Method ◽  
Protection Agency ◽  
Theory Of Justice ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Victim Protection ◽  
Article 5

Protection against victims of theft is a protection according to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, all efforts are to fulfill rights and provide assistance to provide security to victims that must be carried out by the Witness and Victim Protection Agency (LPSK) or other institutions according to criteria. This protection is given at all stages of the criminal justice process within the judicial environment. The following are the rights of victims and witnesses in Law Number 13 of 2006 concerning Protection of Witnesses and Victims Article 5. The research method in this paper is a normative method that collects library data. The results and discussion of this study is about the protection of victims of theft based on the decision number: 20 / Pid.B / 2017 / PN. Mdn, based on the principle or theory of justice is not fair because there is no restitution or compensation to the victim, and the judge's consideration is to pay attention to things that are lightening and burdensome and pay attention to the absence of justification and forgiveness reasons for imposing a criminal sentence in the form of imprisonment for 2 years against the perpetrators.

scholarly journals Pemenuhan Hak Rekreasional Terhadap Narapidana Anak Di Lembaga Pembinaan Khusus Anak Banda Aceh

Media Iuris ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 265
Author(s):  
Zulyani Mahmud ◽  
Zahratul Idami ◽  
Suhaimi Suhaimi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Musical Instruments ◽  
Inhibitory Factors ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Right ◽  
Banda Aceh

This article discusses and describes the task of the Banda Aceh Special Development Institute (LPKA) in providing guidance and fulfilling the rights of children in lpka. Law No. 11 of 2012 on the child criminal justice system in Article 3 states that every child in the criminal justice process has the right to conduct recreational activities, but in fact the fulfillment of children’s recreational rights has not been carried out to the maximum while in LPKA. The research method used is empirical juridical research method. The results showed the granting of Recreational Rights has not been running optimally, from within the LPKA is done by giving a schedule of play to students on holidays, activities carried out are playing volleys and playing musical instruments, activities outside lpka is to be a guest at discussion events held by other parties. not clearly regulated how the granting of recreational rights, the granting of recreational rights is done only on the basis of the policy of the Head of LPKA. Inhibitory factors in the absence of a special budget for the granting of recreational rights.Keywords: Fullfillment; Right; Recreational; Child Prisioner.Artikel ini membahas dan menganilis tugas Lembaga Pembinaan Khusus Anak (LPKA) Banda Aceh dalam memberikan pembinaan dan mempenuhi hak-hak anak di dalam LPKA, Undang-Undang Nomor 11 Tahun 2012 tentang sistem peradilan pidana anak dalam Pasal 3 menyebutkan bahwa setiap anak dalam proses peradilan pidana berhak melakukan kegiatan rekreasional, Namun dalam faktanya pemenuhan hak rekreasional anak belumlah terlaksana dengan maksimal selama di LPKA. Metode penelitian yang digunakan adalah metode penelitian yuridis empiris. Hasil penelitian menunjukan pemberian Hak Rekreasional belum berjalan maksimal, dari dalam LPKA dilakukan dengan cara memberikan jadwal bermain kepada anak didik di hari libur, kegiatan yang dilakukan adalah bermain volley dan bermain alat musik, kegiatan di luar LPKA yaitu menjadi tamu pada acara-acara diskusi yang di selenggarkan pihak lain. tidak diatur secara jelas bagaimana pemberian hak rekreasional tersebut, pemberian hak rekreasional dilakukan hanya atas dasar kebijakan Kepala LPKA. Faktor Penghambat tidak adanya anggaran khusus untuk pemberian hak rekreasional.Kata Kunci: Pemenuhan; Hak; Rekreasional; Narapidana Anak.

The Position of the Victim in Criminal Procedure — Results of a German Study

1994 ◽  
Vol 3 (1-2) ◽  
pp. 69-81 ◽  
Author(s):  
Helmut Kury ◽  
Michael Kaiser ◽  
Raymond Teske
Keyword(s):  
Criminal Justice ◽  
Federal Republic Of Germany ◽  
Crime Victim ◽  
Criminal Proceedings ◽  
Criminological Research ◽  
Victim Compensation ◽  
German Research ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Victim Protection

In the last few years, the crime victim has moved into the forefront of criminological research and criminal justice policy. This is a worldwide development. In many countries, including the Federal Republic of Germany, victim protection and victim compensation laws have been enacted. The extent to which such legal steps effect an actual improvement of the victims' situation remains largely unexamined. This paper presents the results of a German research project which examined the influence of the recently revised German victim protection law upon criminal law practice. Judges, prosecutors and lawyers were surveyed. A clear resistance by judges and prosecutors was discerned relative to implementing the victim protection rights. For them, the victim is still an outsider and a ‘trouble maker’ within the criminal proceedings. They see increased victim attention as involving additional trouble, effort, time, and possibly creating longer delays in proceedings. In contrast, the attitudes of the attorneys were more favorable toward including the victim in the criminal justice process.

scholarly journals KAJIAN UNDANG-UNDANG NOMOR 13 TAHUN 2006 TERHADAP PERLINDUNGAN SAKSI DAN KORBAN

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Criminal Justice ◽  
Research Method ◽  
Justice Process ◽  
Criminal Justice Process

eyewitness and victim side that is often is harmed/experience grief, what caused existence of threat, either physical and also psychical from certain, though role of eyewitness and victim in a criminal justice process occupies position of key in the effort looking and finds clarity about crime done by perpetrators. For that is eyewitness and victim to be given adequate protection in this case arrangement arranged in number 13 the year 2006, about protection eyewitness and victim. Research method of bibliography study, result of his is to know form of protections eyewitness and victim given by number 13 the year 2006.

scholarly journals HAK ASASI MANUSIA VERSUS PIDANA MATI

2021 ◽  
Author(s):  
Boni Suparto Wuarlela
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Death Penalty ◽  
Research Method ◽  
Secondary Data ◽  
The State ◽  
Right To Life ◽  
Human Right ◽  
Justice Process ◽  
Criminal Justice Process

Human Rights are the basic rights of every human being as God's creatures who are equal to one another. The application of the death penalty by the state through a court decision means that the state revokes the convict's right to life which is an unlimited human right. Therefore, its implementation must take into account the rights of the convict. The purpose of this paper is to find out whether the imposition of the death penalty for criminals is against human rights. What are the criteria for imposing the death penalty for perpetrators of crimes that do not conflict with human rights? The method used is a normative research method using secondary data. It can be concluded that the imposition of the death penalty is against human rights. However, in its application, it can be justified on the grounds of defending human rights and only for crimes that go beyond humanity and damage human civilization. The implementation of the criminal justice process must be transparent and fair.

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

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