scholarly journals PENERAPAN DIVERSI PADA TAHAP PENUNTUTAN DALAM SISTEM PERADILAN PIDANA ANAK

2016 ◽  
Vol 1 (2) ◽  
pp. 201
Author(s):  
Ellen Yolanda Sinaga
Keyword(s):  
Criminal Justice ◽  
Adverse Effects ◽  
Criminal Justice System ◽  
Justice System ◽  
Government Regulation ◽  
Attorney General ◽  
Public Prosecutor ◽  
The Public ◽  
The Republic ◽  
Based Instruction

Implementation of diversion by a public prosecutor children, nowadays the mechanism is based on Law of The Republic of Indonesia Number 11 Year 2012 regarding the Juvenile Criminal Justice System. Further provisions concerning the guidelines for the implementation of diversion, ordinances, and coordinate the implementation of diversion stipulated on Indonesian Republic Government Regulation Number 65 in 2015 on the guidelines for the implementation of diversion and treatment of children who are aged 12 years. But the problem until now has not drawn up internal rules to the public prosecutor in the form attorney General of The Republic of Indonesia regulation as the basic for the implementation of the mechanism reffered versioned on Indonesian Republic Government Regulation Number 65 in 2015 on the guidelines for the implementation of diversion and treatment of children who are aged 12 years. The importance of internal rules as the basic for the public prosecutor in the executing diversion, as the uniformity of implementation of the diversion by a public prosecutor children across Indonesia, in order to avoid differences in the implementation mechanisms of diversion, which is still based instruction each child’s direct leadership prosecutor, who do diversion. Further in praction, there are differences in the implementation mechanisms of diversion by a children public prosecutor in Indonesia which resulted in the implementation of the goal of diversion has not been maximally as aspired is to keep children who are dealing with the law, from the adverse effects of the criminal justice system.  Keywords : diversion, juvenile criminal justice system, public prosecutor children

OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN

2020 ◽  
Vol 6 (1) ◽  
pp. 213-236
Author(s):  
Yodi Nugraha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Public Interest ◽  
Justice System ◽  
Attorney General ◽  
Criminal Code ◽  
Comparative Approach ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
The Public

In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority.  This article discusses this authority to cease of terminate criminal prosecution in the name of public interest.  To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands.  A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.

“Visible” and “Invisible” Victims in the Criminal Justice System

2021 ◽  
pp. 1-23
Author(s):  
Armando Saponaro
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Public Prosecutor ◽  
Law System ◽  
The Public ◽  
The United Kingdom ◽  
Victim Impact Statement

This chapter outlines the “conflict” and “peace-keeping” victim-oriented justice paradigms. The latter empowers the victims of crime, putting them at the center of an encounter and using interindividual mediation or collective circles to address conflict resolution. Two models are critically discussed in the conflict victim-oriented justice paradigm. The European continental “visible victim” model structures the role of the victim as a full-fledged processual party together with the public prosecutor and offender. In this model, the victim has the same rights and powers of the defendant. The “invisible victim” common law model views the victim as a trial witness, participating, for example, through a victim impact statement (in the United States) or victim personal statement (in the United Kingdom) at the sentencing stage. The visible victim conflict paradigm model enhances a victim's role and involvement in the criminal justice system, offering a solution to existing controversial and critical common law system issues.

scholarly journals The State’s Economic Protection by the Criminal Justice System Corruption: A Case Study

2020 ◽  
Vol 16 (1) ◽  
pp. 59-69
Author(s):  
Kamri Ahmad ◽  
Hambali Thalib ◽  
Mursyid Muchtra
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Security ◽  
Public Prosecutor ◽  
The Public ◽  
The Supreme Court ◽  
Nickel Mining ◽  
Financial Losses

This study aims to identify efforts to protect the state's economic security through the criminal justice system in the case of nickel mining in Malapulu Block, Kabaena Island, Southeast Sulawesi, Indonesia. The Supreme Court has decided the case with decision number 2633 K/Pid/Sus/2018. This research was conducted with a qualitative approach through analysis of the description of the prosecutor's indictment and the judge's decision. The results obtained in the study show that the KPK Prosecutor made a mistake by withdrawing the appeal that had been made. This condition results in the lack of consideration made by judges in decision making. Secondly, legal experts do not provide a difference in the meaning of economic and financial losses for the state in judex factie and judex jurist. Third, the indictment by the public prosecutor has not described the form of crime committed as an extraordinary crime. Fourth, there is negligence in the corporate sentence.

scholarly journals role of the public prosecutor in the United States

2020 ◽  
Vol 12 (1) ◽  
pp. 253-263
Author(s):  
Michael C. Kovac
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
The United States ◽  
Public Prosecutor ◽  
Common Goal ◽  
The Public

Prosecutors in the United States play multifaceted roles in their criminal justice system. They provide guidance during the investigative stages of cases, lead the prosecution of cases in the country’s adversarial proceedings, police their own profession, and lead legislative efforts aimed at making the system more just for all involved. There are separate prosecuting offices for the separate sovereignties located within the countries. Statutes, constitutions, and case law establish the rights and duties of those separate offices. All prosecuting offices in the United States share the pursuit of justice as their common goal.

scholarly journals Analisis terhadap Penghentian Penyidikan pada Laporan Polisi Nomor: B.210/VIII/2018/JAMBI/SPKT”C” Tentang Tindak Pidana Pemerkosaan Anak

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 341
Author(s):  
M Rudi Hartono ◽  
Lilis Winantri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Police Officers ◽  
Justice System ◽  
Police Department ◽  
Public Prosecutor ◽  
Search And Seizure ◽  
Criminal Cases ◽  
The Republic

Law enforcement efforts by Law Enforcement Officers include a series of actions taken by police officers, Prosecutors, Judges, and Correctional Institutions. However, the spearhead in the handling of criminal cases that occur in the community is basically handled and carried out directly by police officers. In carrying out its duties, the Police have a basic duty as mandated in Article 13 of Law No. 2 of 2002 on the Police of the Republic of Indonesia, namely the Police have the task of maintaining security and public order, enforcing the law, and providing protection, protection, and service to the community. The task of law enforcement relates to the Criminal Justice System where the Police Department is one of its parts in addition to judges and prosecutors, which in the criminal justice system have the authority to make coercive efforts, which include the activities of arrest, detention, search and seizure. In carrying out the task of investigating the perpetrators of crimes or criminal cases, from the beginning of the investigation the case always coordinates with the Public Prosecutor, to avoid going back and forth on a recurring basis. In the police report Number: B.210/VIII/2018/Jambi/SPKT"C", there is a process of termination of investigation where the case of rape of a child is not continued to the stage of further law enforcement, namely the impeachment of the Prosecutor for prosecution, but in this case it is discontinued only to the level of investigation.

scholarly journals Implementation of Compensation Claim's Mechanism through Pretrial for Error in Persona in the Criminal Justice System

Ius Poenale ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 137-148
Author(s):  
Feryando Feryando
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Government Regulation ◽  
Criminal Procedure ◽  
Concrete Form ◽  
Destructive Action ◽  
Compensation Claim ◽  
Criminal Procedure Law ◽  
The Republic

An error in persona in the implementation of the criminal justice system is a type of destructive action by law enforcement officers that can cause harm to someone. The use of authority by investigators to arrest and detain and detention and prosecution by public prosecutors is a concrete form of persona error. This study focused on the mechanism of a compensation claim through pre-trial due to a persona error in implementing the criminal justice system and an impediment to the implementation of the pre-trial judge's decision on the granting of the compensation claim. The method used is normative and empirical juridical research. The results showed that the mechanism of a claim for compensation through pre-trial due to an error in person in implementing the criminal justice system was carried out fundamentally at the formulation stage. These formulations outlined in the Code Of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana/ KUHAP) and Government Regulation Concerning Implementation of The Book of Criminal Procedure Law as a basis for the implementation of pre-trial and the application stage. The statutory factors of Decree of the Minister of Finance of the Republic of Indonesia Number: 983 / KMK.01 / 1983 (Keputusan Menteri Keuangan RI Nomor 983/KMK.01/1983) are an impediment in implementing the pre-trial judge's determination of the compensation claim because the regulation governs administrative procedures that are lengthy and involve government agencies.

Reforming the criminal justice system – an ethical leadership approach

2017 ◽  
Vol 13 (2) ◽  
pp. 64-75 ◽  
Author(s):  
Verl Anderson ◽  
Riki Ichiho
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Ethical Leadership ◽  
Justice System ◽  
Ethical Issues ◽  
Content Type ◽  
The Public ◽  
Moral Perspective ◽  
Conceptual Paper ◽  
Practical Implications

Purpose The current criminal justice system is pledged to serve and protect society while preserving the rights of those who are accused. The purpose of this paper is to explore the premise of “innocent until proven guilty” and examine whether this assumption truly prevails under the current criminal justice system, or be modified to accommodate a sliding continuum of virtuosity. Design/methodology/approach This paper is a conceptual paper which relies heavily on the current literature about criminal justice and related ethical issues. Findings The paper argues that today’s criminal justice system fails to meet the standards of the virtuous continuum and that those who oversee that system need to rethink how the system operates and is perceived by the public if they wish the criminal justice system to be perceived as just, fair, and ethically responsible. Research limitations/implications Because this paper is a conceptual paper it does not present research hypotheses. Practical implications This paper suggests that “virtue” and “ethics” must be the foundation upon which the criminal justice system is evaluated, and criminal justice must incorporate an ethical standard which is virtuous and fair to all parties and leaders who oversee that system must meet the standards suggested by the virtuous continuum. Originality/value This paper is among the first to identify the viewpoint of the virtuous perspective, moral perspective, amoral perspective, and immoral perspective in the criminal justice system.

scholarly journals PERANAN KEJAKSAAN REPUBLIK INDONESIA DALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI (Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy)

2016 ◽  
Vol 16 (1) ◽  
pp. 15
Author(s):  
Suharyo Suharyo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Governance ◽  
Attorney General ◽  
Strong Relationship ◽  
Criminal Code ◽  
Local Officials ◽  
Strategic Position

PERANAN KEJAKSAAN REPUBLIK INDONESIADALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI(Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy) The Attorney General of Indonesia plays a strategic position in corruption eradication. Since IndonesiaIndependent Day on 17 August 1945 until now, the attorney general keeps eradicate the corruption. As one of the elements of criminal justice system of the democracy state refers to the Act No.16/2004 on the Attorney General of Republic of Indonesia, and also a concern with the Act No.8/1981 on the Criminal Code (KUHAP). Corruption eradication is ruled and stipulated on the Act No.31/1999 on Corruption Eradication Jo the Act No.20/2001, and supported the Act No.8/2010 on the Criminal Act of Money Laundering . Questions of this research were what obstacles of corruption eradication in attorneys and how to make it effective? It was a normative-juridical method. It was  an impression that the Attorney General has no dare to enforce the law for the elite politician, local officials (governors,majors) because of their strong relationship with. This phenomenon triggered scholars to do long march and protest to the Attorney General to be consistent and responsive in corruption eradication. Good governance and bureaucracy reform had no big impact, the meaning of “Tri Atmaka” and “Tri Karma Adhyaksa” had truly not been absorbed and practiced, yet. Keywords: The Attorney General of Indonesia in eradicating corruption ABSTRAK Kejaksaan Republik Indonesia memegang posisi sangat strategis dalam pemberantasan korupsi. SejakProklamasi Kemerdekaan 17 Agustus 1945 sampai sekarang, Kejaksaan Republik Indonesia terus menerus melakukan pemberantasan korupsi. Sebagai salah satu unsur dari  sistem peradilan pidana (Criminal Justice System) di dalam negara demokrasi Kejaksaan RI mengacu pada Undang-Undang Nomor 16 Tahun 2004 Tentang Kejaksaan RI, dan juga memperhatikan Undang-Undang Nomor 8 Tahun 1981 tentang Hukum Acara Pidana (KUHAP). Khusus untuk pemberantasan korupsi, diatur melalui Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tidak Pidana Korupsi no Undang-Undang Nomor 20 Tahun 2001, dan ditunjang Undang-Undang Nomor 8 Tahun 2010 Tentang Tindak Pidana Pencucian Uang. Adapun rumusan masalah dalam penelitian ini adalah apakah kendala yang melekat jajaran Kejaksaan dalam pemberantasan korupsi, serta Bagaimana mengefektifkan Kejaksaan RI dalam pemberantasan korupsi. Metode yang dipakai adalah yuridis normatif.Terdapat kesan, Kejaksaan RI sangat tumpul pada pelaku dari elit politik, dan pejabat daerah (Gubernur, Bupati/Walikota) yang mempunyai koneksi politik yang kuat.Sehingga tidaklah mengherankan, apabila di berbagai daerah, muncul aksi-aksi unjuk rasa dari kalangan mahasiswa yang menuntut Kejaksaan RI agar konsisten dan responsif dalam pemberantasan korupsi. Good Governance dan reformasi birokrasi, hanya berpengaruh positif, secara minimal. Makna Tri Atmaka, serta Tri Karma Adhyaksa, kurang diresapi dan kurang  diamalkan secara mendalam. Kata Kunci: Kejaksaan RI dalam pemberantasan korupsi

Efficiency and effectiveness of the penitentiary system: assessment and planning

2021 ◽  
Author(s):  
Valeriy Terehin ◽  
Viktor Chernyshov
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Losses ◽  
Educational Institutions ◽  
Penal System ◽  
Law Enforcement Agencies ◽  
Predictive Values ◽  
The Public ◽  
Efficiency And Effectiveness

The issues of setting goals, planning and forming a system of indicators of the effectiveness and efficiency of the penal system are considered. The criteria for determining the goals-tasks that are adequate to the public goals of the system are justified. Quantitative indicators corresponding to the criteria were developed, based on the contribution of the criminal justice System to reducing the socio-economic losses of society from recidivism. The contribution of the system is determined by changes in the criminal potential of convicted persons during the period of serving a sentence under a court sentence. Criminal potentials are estimated by predictive values of the aggregate of three groups of characteristics of the criminal potential of convicts, determined by the stages of the cycle of recidivism. The practical results of the use of sound methods and developed tools are based on the use of a significant amount of empirical data on the institutions of the criminal justice system and its systematic expert and statistical analysis. The monograph is a generalization and development of the works carried out by the authors during 2012-2017 in the process of preparing masters of Management for the penal system. It is intended for managers and specialists of the bodies and institutions of the Criminal Justice System, researchers, teachers of higher educational institutions who train specialists for law enforcement agencies.

Children as Witnesses in Child Sexual Abuse Trials

PEDIATRICS ◽  
1987 ◽  
Vol 80 (4) ◽  
pp. 585-589
Author(s):  
Julius Landwirth
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Adverse Effects ◽  
Criminal Justice System ◽  
Justice System ◽  
Child Witnesses ◽  
Constitutional Rights ◽  
Presumption Of Innocence ◽  
Child Sexual Abusers ◽  
Child Sexual Abuse Trials

When alleged child sexual abusers are prosecuted and brought to trial, child witnesses are often exposed to procedural requirements of the criminal justice system that may cause further psychologic trauma. These procedures are driven by the dual interests of pursuing the truth and protecting the constitutional rights of the accused to a fair trial with a presumption of innocence. Proposals for judicial reforms designed to balance both interests while shielding children from potential adverse effects of the process are discussed.

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