scholarly journals Reconstruction of the Diversion Concept in a Child Criminal Jurisdiction System Based on Dignified Justice

2021 ◽  
Vol 5 (1) ◽  
pp. 104-112
Author(s):  
I Nyoman DIPA RUDIANA ◽  
I Ketut RAI SETIABUDHI
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Retributive Justice ◽  
Legal Certainty ◽  
Criminal Jurisdiction ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

The renewal of the orientation of punishment for children in conflict with the law from a retributive justice approach to restorative justice is a good start for efforts to restore a victim-oriented situation by giving the perpetrator the opportunity to express his regret to the victim with the concept of diversion. However, not all cases of children are entitled to diversion. In accordance with Article 7 paragraph (2) of the SPPA Law, the requirement for diversion is a criminal act punishable by imprisonment of under 7 (seven) years and not a repetition of a criminal act. Meanwhile, criminal acts that are punishable by more than 7 (seven) years and repetition of criminal acts are not entitled to diversion. The concept of diversion and the terms of diversion are interpreted very narrowly so that they do not reflect dignified justice. The law cannot only regulate legal certainty. The law must provide a sense of justice with dignity and justice that humanize humans. This writing aims to determine the concept of diversion of the juvenile criminal justice system based on dignified justice. The type of research used is literature, the nature of this research is descriptive, the results of the research are the reconstruction of the concept of diversion based on dignified justice must be reconstructed by expanding the concept of diversion so that every child without exception has the right to get diversion.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals How Silent is the Right to Silence?

2012 ◽  
Vol 18 (3) ◽  
Author(s):  
Katherine Biber
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Fundamental Principle ◽  
Presumption Of Innocence ◽  
Religion And Psychology ◽  
Right To Silence ◽  
The Law ◽  
Critical Interpretation ◽  
The Right

A long-held and fundamental principle of our criminal justice system is that people accused of crimes have a right to silence, arising from the presumption of innocence. Rules of evidence try to protect this ‘right’ during trial, by ensuring that juries understand that adverse inferences cannot be drawn from the silence of the accused. Silence, in court, can mean nothing, and we are not to speculate about what might motivate an accused person to remain silent, or what they might have said had they spoken. However, an examination of the jurisprudence in this area shows that the law is often not dealing with actual silence; sometimes when the law refers to the ‘right to silence’, it seems to mean a ‘refusal to hear’. In other instances, there is actual silence, and yet the law refuses to subject that silence to any critical interpretation, insisting that we cannot infer anything from it. While we have learned, from theatre, music, linguistics, religion and psychology, to develop sophisticated means for interpreting silence, the law demands that we set aside these interpretive tools, hearing silence that isn’t there, and inferring nothing about something.

scholarly journals Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective

2018 ◽  
Vol 54 ◽  
pp. 07006
Author(s):  
Hervina Puspitosari ◽  
Bintara Sura Priambada
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Social Economic ◽  
Research Approach ◽  
Victim Impact Statement ◽  
Victims Of Crime ◽  
Sense Of Justice

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.

scholarly journals Islamic criminal procedure law: human rights issues

2020 ◽  
Vol 23 (10) ◽  
pp. 47-57
Author(s):  
Yusif Mamedov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Due Process ◽  
Economic Status ◽  
Burden Of Proof ◽  
The Law ◽  
The Right

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

scholarly journals Model Penegakan Hukum Anak yang Berhadapan dengan Hukum dalam Proses Penyidikan

2015 ◽  
Vol 10 (2) ◽  
pp. 167
Author(s):  
Hamidah Abdurrachman ◽  
Fajar Ari Sudewo ◽  
Dyah Irma Permanasari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Criminal Court ◽  
Central Java ◽  
The Law ◽  
Pass Through

Upaya memberikan perlindungan terhadap Anak yang berhadapan dengan hukum dalam Sistem Peradilan Pidana Anak menunjukkan perkembangan yang sangat berarti. Selama ini terhadap anak yang berkonflik dengan hukum, ditangani secara umum seperti orang dewasa. Anak-anak tersebut melewati proses hukum tanpa ada pendampingan bahkan segera dilakukan upaya paksa berupa penangkapan dan penahanan sehingga anak mengalami putus sekolah. Undang-Undang No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak meletakkan fondasi perlindungan anak dengan pendekatan Keadilan Restoratif yaitu dalam penyelesaian perkara melibatkan pelaku, korban, keluarga pelaku/korban dan pihak lain yang terkait untuk bersama-sama mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula dan bukan pembalasan. Keadilan restoratif ini diwujudkan melalui Diversi yaitu pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses ke luar pengadilan pidana. Hasil penelitian ini menunjukkan bahwa di Jawa Tengah kasus anak yang berkonflik dengan hukum secara umum diselesaikan melalui jalur diversi dan sebagian lainnya diproses menggunakan berdasarkan KUHAP atau jalur pidana. Hal lainnya meskipun sudah menerapkan jalur diversi terhadap anak yang berkonflik dengan hukum namun belum ada keseragaman atau kesamaan model diversi sebagaimana yang diamanatkan di dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak.<br /><br /><br /><em>Efforts to provide protection against Children in conflict with the law in the Criminal Justice System Child shows a very significant development. During against children in conflict with the law, generally handled as an adult. These children pass through the legal process without immediate assistance even forceful measures in the form of arrest and detention so that children have dropped out of school. Law No. 11 Year 2012 on the Criminal Justice System Child laid the foundation of child protection approach Restorative Justice that in settling disputes involving offenders, victims, family offender/victim and other relevant parties to work together to find a fair settlement with the emphasis on restoring back to its original state and not retaliation. Restorative justice is realized through the transfer of settling disputes Diversion namely children from the criminal justice process to a process outside the criminal court. The results of this research showed that in Central Java case of children in conflict with the law are generally resolved through the diversion and some processed using by the Criminal Code or the criminal path. Another thing despite applying diversion path towards children in conflict with the law but there is no uniformity or sameness models of diversion as mandated in Law No. 11 Year 2012 on Child Criminal Justice System</em><br /><br />

scholarly journals KEADILAN RESTORATIF DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA ANAK

2017 ◽  
Vol 4 (1) ◽  
pp. 57
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Recovery Process ◽  
The Public ◽  
Criminal Offenses ◽  
The Law ◽  
Court Proceedings ◽  
Perpetrators And Victims

Restorative justice in the settlement of cases of off-the-shelf criminal offenses emphasizing the rearation of the consequences caused by criminal acts by empowering the recovery process and the interests of all involved both perpetrators and victims, as well as the public. The caseresolution model outside the court proceedings is a method that is expected to be undertaken to protect the psychology of a child facing the law in the criminal justice system

scholarly journals KEBIJAKAN FORMULASI KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Made Wahyu Chandra Satriana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Code ◽  
Policy Formulation ◽  
Scientific Journals ◽  
Legal Research ◽  
The Law ◽  
Basic Ideas

The discussion on this journal raised regarding policy formulation RestorativeJustice in the Criminal Justice System Children . The objectives of this research thatin order to properly analyze the basic ideas contained in restorative justice , to dowith children in conflict with the law and to analyze policy formulation set forth in the Law. 112012 on the Criminal Justice System Kids for restorative justice to children inconflict with the law . While this type of research used in scientific journals this isthe kind of normative legal research , because it is based on the assessment thatthere is a conflict between the norms of Law. 11 of 2012 on the Criminal JusticeSystem Children with the norms contained in the draft - Criminal Code ( CriminalCode ) . In this case the unlawful act committed by the child who has not reached theage of 18 (eighteen years ) diversion efforts which have the purpose for the creationof a balance between the interests of focus and attention to the perpetrator and thevictim also impact the completion of the criminal case that happens in thecommunity to ensure and protecting children and their rights in order to live , grow,develop and participate optimally in accordance with the dignity of humanity , aswell as protection from violence and discrimination .

Views of justice among survivors of historical child sexual abuse

2006 ◽  
Vol 10 (1) ◽  
pp. 125-138 ◽  
Author(s):  
Shirley Jülich
Keyword(s):  
Sexual Abuse ◽  
New Zealand ◽  
Criminal Justice ◽  
Child Sexual Abuse ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Adult Survivors ◽  
Gendered Violence ◽  
Sense Of Justice

Restorative justice for adults in New Zealand has made a cautious start, although crimes of gendered violence are typically excluded. The findings reported in this article draw on interviews of adult survivors of child sexual abuse (eighteen women and three men), asking them to describe their experiences with the abuse and its impact, and to suggest changes to the criminal justice system, which would provide them with a sense of justice. Although the survivors spoke of justice in ways that reflected the goals of restorative justice, they were reluctant to endorse restorative justice as a paradigm within which they would pursue justice.

scholarly journals Pendekatan dalam Penanganan Sengketa Pilkada Menunjang Kinerja Kepolisian dalam Pelaksanaan Tugas Sebagai Pelindung, Pengayom dan Pelayan Masyarakat

2018 ◽  
Author(s):  
husain kasim
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Police Officers ◽  
Justice System ◽  
Descriptive Analysis ◽  
Mass Violence ◽  
Basic Law ◽  
The Law

This study aims to: 1) knowing the basic law enforcement restorative justice approach in handling criminal acts riots, 2) to know how to implement a restorative justice approach and the factors that influenceThe experiment was conducted at the Police Resort Ternate, North Maluku province, with a population of security officers who work directly handling and protection against acts of mass violence with less sampling as many as 50 people through random sampling techniques. Data were collected by questionnaire and interview techniques. Data analysis was performed using qualitative descriptive analysis and interpretation.The results showed that: 1) The perpetrator of criminal acts of rioting should be avoided from the formal criminal justice system. The best solution that must be done is through the act of diversion (transfer) the completion of its case outside the criminal justice system, but there is no definite legal basis for implementing diversion measures in addition to referring to the Law 2 of 2002, which only specifies that police officers have the authority of police discretion. 2) Treatment of the criminal action in a dispute over the election unrest in North Maluku, which was held on Sat. Criminal Police Ternate is through mediation. This means that the principle of restorative justice has been implemented on Sat. Criminal Police Ternate, however, efforts to address criminal acts there are influences from the substance of the law, law enforcement officers, legal culture of society and their own community.

scholarly journals Penerapan Restorative Justice Dalam Peradilan Pidana Anak di Pengadilan Negeri Watansoppeng

2020 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
A. Sudarman Kantao ◽  
Azwad Rachmat Hambali ◽  
Muh. Rinaldy Bima
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Legal Protection ◽  
Cultural Factor ◽  
District Court ◽  
Trial Process ◽  
The Law

Penelitian ini bertujuan menganalisis dan memperoleh pemahaman terhadap penerapan nilai serta hambatan dalam penerapan keadilan restoratif pada perkara peradilan pidana anak sesuai dengan Undang-undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak dalam rangka memberikan perlindungan hukum bagi Anak yang berkonflik dengan hukum dan kendala yang dihadapi majelis hakim pengadilan Negeri watansoppeng dalam menerapkan keadilan restoratif untuk mengadili tindak pidana yang dilakukan oleh anak. Hasil penelitian menunjukkan bahwa terkait proses persidangan terhadap kasus anak, hakim Pengadilan Negeri Watansoppeng senantiasa mengupayakan penerapan restoratif justice dengan memberi saran kepada korban, terdakwa dan pihak keluarga untuk mengusahakan perdamaian sebagai upaya penyelesaian kasus di luar jalur persidangan, namun upaya tersebut seringkali ditolak oleh korban dan keluarganya dan menginginkan agar pelaku dihukum seberat-beratnya. Faktor Kebudayaan dari keluarga korban inilah yang tidak mendukung penyelesaian perkara di luar peradilan atau perdamaian. This study aims to analyze and gain an understanding of the application of values ​​and obstacles in the application of restorative justice in juvenile criminal justice cases in accordance with Law Number 11 of 2012 concerning the Criminal Justice System for Children in order to provide legal protection for children who are in conflict with the law and the obstacles they face. watansoppeng District Court panel of judges in implementing restorative justice to adjudicate crimes committed by children. The results showed that in relation to the trial process for juvenile cases, the judges at the Watansoppeng District Court always tried to apply restorative justice by advising victims, defendants and their families to seek peace as an effort to resolve cases outside the court, but these efforts were often rejected by the victim and his family and wants the perpetrator to be punished as severely as possible. The cultural factor of the victim's family does not support the settlement of cases outside the court or peace.

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