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 Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia

2014 ◽  
Vol 2 (1) ◽  
pp. 165
Author(s):  
Deassy J. A. Hehanussa ◽  
Koesno Adi ◽  
Masruchin Ruba’i ◽  
Pridja Djatmika
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Civil Servant ◽  
Maritime Security ◽  
Public Prosecutor ◽  
Procedure Code ◽  
National Police

Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.

scholarly journals Presumption of Innocence Against Criminal Offenders in the Police: A Critical Study

2020 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
Oktavia Wulandari ◽  
Ali Imron ◽  
Briliyan Ernawati ◽  
Nazar Nurdin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Police Department ◽  
Fundamental Principle ◽  
Critical Study ◽  
Presumption Of Innocence ◽  
Criminal Offenders ◽  
Police Level

<p>The purpose of this paper is to conduct a critical study of the application of the presumption of innocence to the perpetrators of criminal acts (suspects) investigated by the police. Implementation of the principle is important to study because the suspect must not be considered guilty before the criminal act is proven. A review of this case was carried out at the Kendal Police Department in mid-2019-2020. Writing texts are written with a normative-empirical approach. The non-doctrinal approach was chosen because it can clearly examine the application of the principle of presumption of innocence in more depth. Therefore, the author considers it necessary to carefully examine the application of these principles in the process of law enforcement at the police level. The results showed that the application of the principle of presumption of innocence in the Kendal Police Department was not optimal, because some of its applications were colored by threats and acts of violence. The suboptimal application of this principle is influenced by various factors, including the lack of legal knowledge of suspects and threats and acts of violence that are not reported. As we know the presumption of innocence is a fundamental principle in the criminal justice system, where a person must be positioned innocent before his guilt is proven in an honest and open trial.</p>

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 Kajian Yuridis Terhadap Sistem Peradilan Anak Berdasarkan Asas Keadilan Terhadap Pelaku Tindak Pidana Kekerasaan Oleh Anak (Studi Kota Medan)

2020 ◽  
Vol 2 (2) ◽  
pp. 108-122
Author(s):  
Antonius Alexander Pilliang ◽  
Mahmud Muliadi ◽  
Marlina Marlina
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Violent Crime ◽  
Justice System ◽  
Juvenile Justice System ◽  
Secondary Data ◽  
Police Department ◽  
Secondary Data Source ◽  
Data Source

In this research, the problem is whether the Child Criminal Justice System has given Justice to children as perpetrators of violent crime? How law enforcement efforts for children as perpetrators of violence by the Medan Municipal Police Department? How the application of justice principles for children as perpetrators of action Violence especially in Medan? The research method used is the normative juridical method, with the leper approach (library reseacrh) that collects the data source from literature literature. In this research used secondary data source that is by using primary, secondary and tertiary law materials. This research is discussed with qualitative approach that is finding problem which then analyzed with inductive system by using legal theories used. The results of this study indicate that the juvenile justice system contained in law number 11 of 2012 has provided justice for children as perpetrators of criminal acts, only in certain circumstances, the application of the criminal justice system does not provide legal certainty for the victims and the community. Law enforcement efforts for children as perpetrators of violent crime are by applying formal and material criminal law in accordance with the prevailing laws and regulations. The application of the principle of justice for children as perpetrators is adjusted to the position of cases that have been done by applying the criminal justice system of children, even in certain circumstances, the application of diversion in cases of violence perpetrated by the child may be enforced.

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 A missing link in the Traditional Courts Bill 2017: Evidence obtained through human rights violations

2018 ◽  
pp. 23-31
Author(s):  
Robert Doya Nanima
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Human Rights Violations ◽  
Criminal Cases ◽  
Protection Of Human Rights ◽  
The Republic

The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of human rights. As such, any court that deals with criminal cases has to evaluate evidence before it is admitted. This article argues that the Traditional Courts Bill (TCB)1 does not provide for a mode of dealing with evidence obtained as a result of human rights violations. To substantiate this argument, the article reviews the current Bill, and reflects on the challenges that arise with regard to evidence obtained in this way. The article contextualises section 35(5) of the Constitution of the Republic of South Africa, and discusses the practical difficulties of applying it under the current Bill. The article concludes with recommendations for measures that can ensure that accused persons are not prejudiced when appearing before the court.

The IMPLEMENTASI APLIKASI PUSAT PERTUKARAN DATA PADA SISTEM PERADILAN PIDANA TERPADU BERBASIS TEKNOLOGI INFORMASI (SPPT-TI)

2021 ◽  
Vol 5 (2) ◽  
pp. 307
Author(s):  
Tri Ragil Muijyanto ◽  
Maukar Maukar
Keyword(s):  
Information Technology ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Data Exchange ◽  
Response Times ◽  
Exchange Process ◽  
Criminal Cases ◽  
Application Performance

The 2015-2019 National Medium Term Development Plan (RPJMN) mandates that one of the policy directions for law and human rights development in the context of realizing quality law enforcement is to promote an integrated criminal justice system that is implemented through the development of an Information Technology-based Integrated Criminal Justice System (SPPT-TI). In the process of handling criminal cases, sending files between Law Enforcement Officials (APH) takes a long time and is less efficient, so it requires a variety of response times. Broadly speaking, SPPT-TI aims to optimize the use of information technology in the process of handling criminal cases in terms of exchanging data and information between institutions involved in the criminal justice system. In the development process, the Puskarda application uses the DevOps development method which is quite appropriate to the conditions in the field which require periodic improvement. The Puskarda application is used to exchange data and documents electronically at SPPT-TI and ensure that the data exchange process between APHs involved is in accordance with the SPPT-TI data exchange guidelines.It is hoped that this research can help explain the stages in implementing the Puskarda application and can find out the constraints in exchanging data in order to improve application performance to meet the needs of application users

scholarly journals THE RESTORATIVE JUSTICE APPROACH TO THE IMPLEMENTATION OF CHILDREN'S CRIMINAL JUSTICE SYSTEM IN INDONESIA

2018 ◽  
Vol 1 (2) ◽  
pp. 189-198
Author(s):  
Ali Muhammad
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Conceptual Approach ◽  
Rights Of The Child ◽  
The Law ◽  
The Republic ◽  
The Government

Since the enactment of Law No. 11 of 2012 concerning the Criminal Justice System for Children in Indonesia needs to be sought immediately for Law Enforcement Officials (APH) who do not understand and know about the obligation to adopt a Restorative justice approach in the implementation of the Child Criminal Justice System. The norm that regulates the obligation to approach restorative justice in the handling of Children dealing with the Law (ABH) contained in article 5 paragraph 1 of the Child Criminal Justice System Law and this Law has also adopted the International instrument of the Convention on the Rights of the Child (CRC) ratified by the government of the Republic of Indonesia with a Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are certainly in line with the Constitution 1945 concerning the purpose of the country which was wrong was to realize social justice and promote public welfare. This restorative justice approach certainly has the same spirit as the ideological values ​​of Pancasila, politics, and the Indonesian national socio-culture which prioritizes solutions through deliberation to reach consensus so that this restorative justice approach is also one of legal reforms that elevates the values ​​of local wisdom from the Nation Indonesia. The conceptual approach and the approach to legislation (the statue approach) are the approaches used in this study and maximize the implementation of the implementation of restorative justice in every handling of children facing the law (ABH) at each stage of the investigation, prosecution and trial. research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every Handling of ABH.  

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

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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