Telaah Yuridis terhadap Pengaturan Restorative Justice di Kepolisian

Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach

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KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

JURNAL HUKUM DAS SOLLEN ◽

10.32520/das-sollen.v1i4.333 ◽

2018 ◽

Vol 1 (4) ◽

Author(s):

ELMA YANTI

Keyword(s):

Law Enforcement ◽

Restorative Justice ◽

Indigenous People ◽

Criminal Case ◽

Criminal Cases ◽

Legal Research ◽

Direct Participation ◽

Criminal Offenses ◽

Differences Of Opinion ◽

Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

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Police Role in Crime Investigation of Fencing Article 480 of the Criminal Code (Study in Polres Demak)

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8288 ◽

2020 ◽

Vol 2 (4) ◽

pp. 457

Author(s):

Dwi Fahri Hidayatullah ◽

Gunarto Gunarto ◽

Lathifah Hanim

Keyword(s):

Law Enforcement ◽

Police Officers ◽

Criminal Code ◽

Criminal Investigation ◽

Literature Study ◽

Law Enforcement Agencies ◽

Police Investigation ◽

Crime Investigation ◽

Scene Investigation

The purpose of this research identify and analyze the role of the police in criminal investigation of Fencing of Article 480 of the Criminal Code in the jurisdiction of Police Demak and barriers and solutions encountered police officers in criminal investigation of Fencing.The method used is the method of normative and juridical sociologic, the specifications in the study was a descriptive analytical methods of population and sampling are all objects or all of the symptoms or the entire event or the entire unit to be studied, data collection techniques using literature study and interviews, data analysis is qualitative.Result: according to the Criminal Investigation: Examination of the scene, Investigation, Manufacture Minutes, examination of evidence: The search, seizure, Remarks experts, Arrest or Detention and examination of suspects, Resume, file submission. The obstacle is that not everyone knows, does not want to report to law enforcement agencies (police), collusion series of cooperation that is so neat, shrewdness suspect in storing the results of Fencing the Article applied a penalty of less leverage, less personnel in the Resmob Police Demak, because the territory and population is not proportional to the number of personnel Resmob Demak district police, the suspect did not provide information in a clear, witnesses' testimony did not support the investigation, evidence to be filed less, to overcome these obstacles, namely:Key Words: Police; Investigation; Crime; Fencing; Police Demak.

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The Law Enforcement Weakness of Songs and Musics Copyright Crimes

Jambura Law Review ◽

10.33756/jlr.v3i1.7710 ◽

2021 ◽

Vol 3 (1) ◽

pp. 139-154

Author(s):

Edi Tuahta Putra Saragih ◽

Muhammad Citra Ramadhan ◽

Isnaini Isnaini

Keyword(s):

Law Enforcement ◽

Research Method ◽

Cultural Factor ◽

Legal Research ◽

The Real ◽

The Law ◽

Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations.

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Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

Jurnal Ilmiah Penegakan Hukum ◽

10.31289/jiph.v5i1.1977 ◽

2019 ◽

Vol 5 (1) ◽

pp. 32

Author(s):

Haryanto Ginting ◽

Muazzul Muazzul

Keyword(s):

High School ◽

High School Students ◽

Law Enforcement ◽

Restorative Justice ◽

Justice System ◽

Law Enforcement Officers ◽

School Students ◽

Criminal Offenses ◽

Law And Justice

The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults <h1>The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.</h1>

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Customary Institutions in the Kei Indigenous Community Against Criminal Case Resolution

Musamus Law Review ◽

10.35724/mularev.v3i1.3495 ◽

2020 ◽

Vol 3 (1) ◽

pp. 26-35

Author(s):

Rudini Hasyim Rado

Keyword(s):

Social Justice ◽

Data Analysis ◽

Customary Law ◽

Primary Data ◽

Criminal Cases ◽

Legal Research ◽

The Family ◽

Family Level ◽

Traditional Institutions

This research is focused on exploring the values of Kei customary law on the settlement of criminal cases that are resolved through customary institutions, by proposing 2 (two) problems, First, how is the existence of the law customary criminal Kei? Second, what is the role of customary institutions in the settlement of criminal cases? This research uses non-doctrinal legal research methods with interviews and observations as primary data. Meanwhile, data analysis is inductive and qualitative. It can be concluded that (1) the formal customary law of Kei is the values that live in the community that are agreed upon and are binding on the community, where the settlement of customary Kei crimes is taken in stages starting from the family level, customary institutions (Soa, Orang Kai and the last tier of Rat). (2) the role of traditional institutions in the settlement of criminal cases is starting to strengthen in society, this is indicated by the level of compliance with decisions and sanctions that are stipulated. People believe that customary cases are resolved by “insiders” (customary institutions) through deliberation (dok Tasdov) with a local wisdom approach to create social justice.

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Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

Lex Scientia Law Review ◽

10.15294/lesrev.v5i1.46704 ◽

2021 ◽

Vol 5 (1) ◽

Author(s):

Emmanuel Ariananto Waluyo Adi

Keyword(s):

Law Enforcement ◽

Restorative Justice ◽

Criminal Procedure ◽

Criminal Cases ◽

Law Enforcement Agencies ◽

The Public ◽

Procedural Law ◽

Private Realm ◽

Procedure Code ◽

The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

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ALTERNATIF MEDIASI PENAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i2.2740 ◽

2018 ◽

Vol 1 (2) ◽

pp. 127

Author(s):

Reyner . ◽

Dian Andriawan Daeng Tawang

Keyword(s):

Law Enforcement ◽

Customary Law ◽

Legal Certainty ◽

Criminal Cases ◽

Wide Society ◽

Procedural Law ◽

Law Enforcement Officials ◽

Special Rule ◽

Investigation Process ◽

Regulations And Guidelines

In general, penal mediation can be said as a concept that brings together the victims and criminals to discuss their interests and willingness in order to resolve criminal cases that have occurred between them, and are assisted by a mediator who is neutral and help to resolve criminal cases by giving advice and mediating as mediators. The results of the research conducted by normative research and through several literature such as legal books, regulations, and guidelines, show that in fact, reason mediation has been carried out in the community and carried out by several law enforcement officials in the framework of the settlement process criminal. What is done in the midst of Indonesian society is only a peace process that shows customary law as its branch and many are applied within the police in the investigation process to carry out procedures for resolving criminal acts. The importance and need for penal mediation to be applied in formal law that is developing and prevailing in society can be a special rule that is regulated and is part of criminal procedural law for the sake of legal certainty. Penal mediation can be applied at the level of investigation by the police in the process of resolving criminal cases and creating equal welfare and justice in the wide society for sure

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PERANG TARIF PENYEDIA LAYANAN OJEK DALAM JARINGAN DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA DI INDONESIA

Kertha Semaya : Journal Ilmu Hukum ◽

10.24843/ks.2020.v09.i01.p08 ◽

2020 ◽

Vol 9 (1) ◽

pp. 92

Author(s):

Rimarsha Agitta ◽

Putu Ade Harriestha Martana

Keyword(s):

Law Enforcement ◽

Legal Research ◽

Predatory Pricing ◽

Law Enforcement Agency ◽

Written Law ◽

Motorcycle Taxi ◽

Article 5 ◽

Competition Behavior

Penulisan jurnal ini bertujuan untuk mengetahui serta memahami perang tarif pada penyedia layanan ojek dalam jaringan dalam perspektif hukum persaingan usaha di Indonesia dan juga untuk mengetahui tugas Komisi Pengawas Perlindungan Usaha dalam mengawasi kasus persaingan usaha. Metode penelitian yang digunakan dalam jurnal ini adalah penelitian hukum normatif yang dimana mengkonsepsikan hukum dalam bentuk hukum yang sudah tertulis seperti undang-undang tertulis, dan bersifat deskriptif yaitu diartikan penelitian yang dilakukan dengan cara menggambarkan secara lengkap. Hasil penelitian menunjukkan bahwa perang tarif antara para penyedia layanan ojek daring yaitu PT. X dan PT. Y terdapat beberapa tanda dan pola praktik predatory pricing penetapan harga oleh perusahaan transportasi daring. Menurut UU No. 5 Tahun 1999 dikatakan bahwa PT. X dan PT. Y melawan hukum dengan tidak mengikuti aturan Pasal 5 ayat (1) UU No. 5 tahun 1999. Berdasarkan pasal tersebut sudah terbukti bahwasanya pihak PT. X dan PT. Y melanggar karena kedua perusahaan ojek daring tersebut melakukan perjanjian antara keduanya untuk menaikkan harga pada pelanggan ojek daring. Persaingan usaha memiliki lembaga pengawas yaitu Komisi Pengawas Persaingan Usaha (KPPU) yang dalam masalah persaingan usaha antara PT. X dan PT. Y ini berperan sebagai salah satu lembaga penegak hukum, dan tanggung jawabnya mengawasi perilaku persaingan usaha tidak sehat para pelaku usaha. In order to writing this journal is to know and understand the rates war between two corps who will be start to be some perspective from business competition in Indonesia and also to determine the role of the Business Protection Supervisory Commission. The research method used in this journal is normative legal research which conceptualizes law in the form of written law such as written law, and is descriptive in nature, which is defined as research that provides data about a situation or social symptoms that develop in the midst society in accordance with the facts and without any engineering. The results show that the tariff war between online motorcycle taxis, namely X Ltd. and Y Ltd., has several signs and patterns of predatory pricing practices by online transportation companies, including discounts that reach unreasonable prices, long-term promotions that exceed standards. With that it can be said that X Ltd. and Y Ltd. violate Article 5 paragraph (1) of Law no. 5 of 1999. From this article, it has been proven that X Ltd. and Y Ltd. violated it because the two online motorcycle taxi companies entered into an agreement between the two of them to increase prices for online motorcycle taxi customers. In business competition, there is the Business Competition Supervisory Commission (KPPU), which in the business competition case between X Ltd. and Y Ltd. plays a role as a law enforcement agency, and its responsibility is to supervise the unfair business competition behavior of business actors.

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ABOUT COUNTERING THE FINANCING OF EXTREMISM AND TERRORISM (ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN)

Law Нerald of Dagestan State University ◽

10.21779/2224-0241-2020-35-3-121-127 ◽

2020 ◽

Vol 35 (3) ◽

pp. 121-127

Author(s):

A. M. Abdulatipov ◽

Keyword(s):

Law Enforcement ◽

Local Governments ◽

Practical Importance ◽

Criminal Cases ◽

The Republic ◽

Financing Of Terrorism

The article is devoted to the study of forms and methods of financing terrorism at the present time. This article describes the role of state authorities (including law enforcement) and local governments in countering the financing of terrorism and extremism. Based on the results of the study of analytical materials and criminal cases, the most effective measures in the mechanism for countering the financing of extremist and terrorist activities have been determined. The author notes that in order to effectively counter the financing of terrorism and extremism, the relevant state authorities need to rely not only on an understanding of traditional forms and methods of financing terrorism, but also on the results of tracking constantly developing and changing new risks. Based on the research the author made a number of conclusions and proposals of theoretical and practical importance

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The Handling of Criminal Act of Theft with Violence by Children of the Directorate of Criminal Investigation of the Central Java Regional Police

Journal of Law and Legal Reform ◽

10.15294/jllr.v1i2.36358 ◽

2020 ◽

Vol 1 (2) ◽

pp. 273-278

Author(s):

Dhara Ayu Restuning Tyas ◽

Rodiyah Rodiyah

Keyword(s):

Law Enforcement ◽

Criminal Investigation ◽

Legal Regulations ◽

Criminal Cases ◽

Central Java ◽

The Right

The crime of theft with violence is one of the most frequent crimes or criminal acts in the community. It almost happens in every region in Indonesia. They have the tendency to steal when the opportunity is present, then the perpetrators do it with no regard for time. However, in some cases, the theft is done in a certain time. It involves a condition where everyone will look for the right time to carry out their operations. It appears that in fact, we want to realize a handling of child cases. This handling has to pay attention to the needs of children, so that children affected by criminal cases are not harmed physically or mentally. The barriers experienced in law enforcement carried out by children include, legal regulations themselves, facilities and infrastructure, society, and culture.

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