scholarly journals Penerapan Restorative Justice Terhadap Pencurian Buah Kelapa Sawit Oleh Anak Di Bawah Umur (Studi Kasus Di PTPN IV Unit Air Batu)

2020 ◽  
Vol 2 (2) ◽  
pp. 172-180
Author(s):  
Agung Nusa Pratidina ◽  
Marsella Marsella ◽  
Wessy Trisna
Keyword(s):  
Restorative Justice ◽  
Research Method ◽  
Children's Rights ◽  
Children’S Rights ◽  
Deterrent Effect ◽  
Family Friendly ◽  
Analytical Research ◽  
Maximum Protection ◽  
Legal Processes

Theft is one type of crime that often occurs wherever and whenever. Theft carried out by minors is not new, remembering that the age is still underage, Restorative justice is highly recommended to be applied in the settlement of the theft case. The research method used in this study is juridical empirical and the nature of the study using descriptive analytical research. Settlement of problems with the Implementation of the Restorative Justice Principle will make children aware of the wrong doing of children. Opening opportunities for dialogue between the perpetrators and their victims, a family-friendly approach like this is likely to be successful than sending children to justice, because processing children to justice will not guarantee the children's rights, it can even make children worse. The transfer of formal legal processes to non-formal settlement can be used as a reference for judges to settle children's cases, because it can provide maximum protection for the child's future. The form of settlement is first secured to the office of PTPN IV Air Batu, then with all the existing processes the child makes an agreement to the PTPN IV so as not to commit crimes again and create a deterrent effect for him.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

Restorative Justice through a Children's Rights Lens

2010 ◽  
Vol 18 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Nessa Lynch
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Due Process ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Best Interests ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Due Process Rights

AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law.  Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice  The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases

scholarly journals Anak Berhadapan Hukum Dalam Perspektif Restorative Justice

2020 ◽  
Vol 1 (1) ◽  
pp. 1-7
Author(s):  
Pristiwiyanto Pristiwiyanto
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Children's Rights ◽  
Good Health ◽  
Health Protection ◽  
Children’S Rights ◽  
Human Beings ◽  
Legal Problems ◽  
Law Enforcement Officials ◽  
The Law

Children are the mandate and blessings of God Almighty, which is inherent in their dignity and dignity as whole human beings. A country representing an institution / institution that is responsible for meeting the financial needs of its people should be able to make a budget that can realize the protection and welfare of children in the form of good health protection from philosophical aspects, right from sociological aspects, and correct from normative aspects of solving and protection of children in conflict with the law. Children who are dealing with the law are very vulnerable to handling that is not in accordance with the child's psychology or psychology. To decide the need for conflict with children to correct cases of crime / conflict with the law. Crimes are against the law Crimes are often followed up by experts Criminal prosecutions of double-edged double-edged swords or there are other debates saying the murder law will slice their own flesh wrong compilation in its application. the laws that children do often cause legal problems. Law enforcement officials are often absent in the action against lawsuits committed by children. Regulations taken in handling cases of children are often distorted and not involved by the authorities in the field, so it happens with children's rights and does not damage the child's future.

scholarly journals PENERAPAN DIVERSI TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA

to-ra ◽  
2019 ◽  
Vol 5 (2) ◽  
pp. 91
Author(s):  
Hulman Panjaitan
Keyword(s):  
Restorative Justice ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights

Abstract Diversity implementation by law enforcers is based on the authority of law enforcers called the dis-cretion or discretion of children as the potential of the State in the context of the survival and glory of the nation, is how the government’s commitment to make children a top priority in the development of juvenile judges and courts as the last stronghold in the process settlement of children who are fac-ing law in the Court. The police and the community must synergize and develop the same perception of diversion and restorative justice. Parents must participate in providing protection for children by fulfilling children’s rights, protecting the interests of children and further increasing supervision of the environment and where children play. Keywords: diversity; implementation; children.

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Penyalahguna Narkotika (Studi Putusan Nomor 44/Pid.Sus-Anak/2019/Pn.Mdn)

2021 ◽  
Vol 4 (2) ◽  
pp. 938-946
Author(s):  
Sri Wahyuni ◽  
Marlina Marlina ◽  
Rizkan Zulyadi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
District Court ◽  
Approach Method ◽  
Examination Process

The spread of narcotics which has spread to various levels of society and remote villages has reached children whose thinking abilities are still low. In the decision of the panel of judges not to apply diversion which refers to Article 12, Article 52 paragraph (5) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to determine the legal protection of children as narcotics abusers. The research method used is a normative juridical research with analytical descriptive character. The approach method used in this research is the case approach to the statutory approach which is carried out by examining the provisions of the applicable legislation. The analysis was carried out qualitatively. The results of the study indicate that the legal protection carried out against children as narcotics abusers in Indonesia based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System has been regulated starting from the process of investigation, arrest, detention, prosecution, examination in court and correctional. The Medan District Court has tried to carry out the legal protection process for children as narcotics abusers by referring to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Juvenile Judges seek to realize the legal protection process by fulfilling children's rights during the examination process, as well as seeking settlement of cases through diversion. However, the efforts of juvenile judges in the legal protection process for children are still not maximized.

scholarly journals Implementasi Kebijakan Gubernur Bali Tentang Komisi Penyelenggara Perlindungan Anak Daerah dalam Perlindungan dan Pemenuhan Hak Anak

2019 ◽  
Vol 8 (4) ◽  
pp. 512
Author(s):  
I Wayan Eka Wijaya ◽  
Luh Nila Winarni ◽  
Cokorde Istri Dian Laksmi Dewi ◽  
Ida Ayu Putu Sri Widnyani
Keyword(s):  
Data Analysis ◽  
Child Protection ◽  
Research Method ◽  
Children's Rights ◽  
Qualitative Approach ◽  
Children’S Rights ◽  
Joint Commitment ◽  
Implementation Model ◽  
Interactive Models ◽  
Communication And Coordination

Supervision of child protection was legitimized within Policy of the Governor of Bali Regulation No. 48 of 2015 concerning the Commission for the Management of Children of the Province of Bali. In this study, there are two issues that will be examined namely how is the implementation of the Bali the Governor of Bali Regulation No. 48 of 2015 concerning the Commission for the Management of Children of the Province of Bali and how are the efforts being made to overcome obstacles in the protection and fulfillment of children's rights in Bali? This research uses the theory of the Van Metter and Van Horn Implementation Model. The research method used is to use a qualitative approach. Data analysis in the study was carried out interactively using interactive models from Miles and Huberman. The results of the study concluded that the implementation of the Bali Governor of Bali Regulation No. 48 of 2015 concerning the Commission for the Management of Children of the Province of Bali has not been effective in fulfilling and protecting children's rights. Regional Child Protection Organizing Commission has not been able to optimally carry out its duties as a supervisor of the implementation of child protection in the Province of Bali. Efforts are being made to overcome obstacles in the protection and fulfillment of children's rights in Bali by establishing communication and coordination and making a joint commitment in the form of an MoU with several parties organizing child protection in the Province of Bali. Pengawasan terhadap perlindungan anak di Provinsi Bali dilegitimasi melalui Gubernur Bali membentuk Komisi Penyelenggara Perlindungan Anak Daerah Provinsi Bali melalui Kebijakan Peraturan Gubernur Bali Nomor 48 Tahun 2015 tentang Komisi Penyelenggara Perlindungan Anak Daerah Provinsi Bali. Dalam penelitian ini, terdapat dua permasalahan yang akan dikaji yakni bagaimanakah implementasi Peraturan Gubernur Bali Nomor 48 Tahun 2015 tentang Komisi Penyelenggara Perlindungan Anak Daerah Provinsi Bali dan bagaimanakah upaya yang dilakukan untuk mengatasi kendala dalam perlindungan dan pemenuhan hak anak di Bali? Penelitian ini menggunakan teori Model Implementasi Van Metter dan Van Horn. Metode penelitian yang digunakan adalah mempergunakan pendekatan kualitatif. Analisis data dalam penelitian dilakukan secara interaktif dengan menggunakan model interaktif dari Miles dan Huberman. Hasil penelitian menyimpulkan bahwa implementasi Peraturan Gubernur Bali Nomor 48 Tahun 2015 tentang Komisi Penyelenggara Perlindungan Anak Daerah Provinsi Bali belum efektif dalam memenuhi dan melindungi hak anak. Komisi Penyelenggara Perlindungan Anak Daerah  belum bisa optimal dalam melaksanakan tugasnya sebagai pengawas pelaksanaan perlindungan anak di Provinsi Bali. upaya yang dilakukan untuk mengatasi kendala dalam perlindungan dan pemenuhan hak anak di Bali adalah dengan membangun komunikasi dan koordinasi serta membuat suatu komitmen bersama berupa MoU dengan dengan beberapa pihak yang menyelenggarakan perlindungan anak di Provinsi Bali.

scholarly journals Diversion As A Crime Solution Towards Child Crime Prepertrator

Ius Poenale ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 21-30
Author(s):  
Arman Sukma Negara
Keyword(s):  
Juvenile Offenders ◽  
Children's Rights ◽  
Alternative Solution ◽  
Court Decision ◽  
Children’S Rights ◽  
Best Interests ◽  
Deterrent Effect ◽  
Legal Process ◽  
The Future ◽  
Children's Interests

Diversion efforts is an alternative solution for the sake of realizing children's interests and protecting the future of children from the destructive effects of imprisonment, which stigmatize criminals in the eyes of the community, but all of these have not been maximally realized because there is a court decision in the Lampung region itself which still applies sanctions punishment as an effective method of providing a deterrent effect on children. Based on this, this research's main problem focuses on implementing diversion for children as a criminal solution for juvenile offenders and whether diversion is an instrument in realizing the best interests of children. This research uses a juridical empirical, and normative juridical approach. The results of the discussion are in this research, namely that in the principle of the best interests of children as a criminal solution for child offenders, diversion is one of the instruments in realizing the best interests of the child considering that diversion instruments for children can improve the child's image from the impression of a criminal. The advice that can be given is that law enforcers should prioritize the principle of the child's best interests in every legal process rather than prioritizing repressive actions that lead to imprisonment sanctions and eliminating children's rights such as protection of their future.

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