scholarly journals MENUJU PENYELESAIAN PERKARA PIDANA YANG FLEKSIBEL: KESEIMBANGAN ANTARA PELAKU DAN KORBAN DALAM RESTORATIVE JUSTICE

2013 ◽  
Vol 2 (2) ◽  
pp. 215
Author(s):  
Kelik Pramudya
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Case ◽  
Criminal Cases ◽  
Empirical Law ◽  
Sense Of Justice

Penyelesaian perkara pidana melalui lembaga peradilan sering tidak menjamin rasa keadilan di antara korban dan pelaku. Oleh karenanya diperlukan penyelesaian melalui restorative justice untuk mewujudkan keseimbangan antara korban dan pelaku. Selain itu agar penanganan perkara pidana dapat berjalan secara fleksibel dan tidak bersifat kaku. Penelitian ini menjawab permasalahan sejauh mana restorative justice dapat diterapkan dalam sistem peradilan pidana di Indonesia untuk mencapai keadilan dan bagaimana mewujudkan keseimbangan antara pelaku dan korban tindak pidana guna menuju cara berhukum yang fleksibel. Penelitian ini termasuk dalam penelitian hukum empiris yang bersifat deskriptif dengan menggunakan pendekatan kasus dan perundang-undangan. Berdasarkan hasil penelitian disimpulkan bahwa restorative justice di Indonesia sejauh ini dapat diterapkan dalam penyelesaian perkara pidana untuk mencapai keadilan. Selain itu restorative justice terbukti mampu mewujudkan keseimbangan antara pelaku dan korban tindak pidana. Oleh karena itu direkomendasikan agar aparat penegak hukum mempunyai standar operasional untuk menggunakan restorative justice pada setiap penanganan perkara pidana.<p>The completion of criminal cases often does not give the sense of justice between the victims and perpetrators. Based on that, citizens need a resolution in justice through restorative justice to create balance between the victims and perpetrators. Moreover, through the restorative justice, the vision is to have resolution of criminal case that can run flexible and is not rigid. This research answers the question of the application’s effect of the restorative justice can be done in the criminal justice system in Indonesia in creating justice and the question of the process to make balance justice between the victims and perpetrators in order to reach flexible ways in law. This research is included in the descriptive empirical law research by using case approach and the legislation. Based on the research’s result, the writer can conclude that the restorative justice in Indonesia nowadays can be applied in the criminal case solution to reach the justice.</p>

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

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 Handling of children by diversion in children protection (Diversion and Restorative Justice)

2021 ◽  
Vol 10 (1) ◽  
pp. e26010111826
Author(s):  
Tito Eliandi ◽  
Teguh Prasetyo ◽  
Otto Yudianto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Human Life ◽  
The State ◽  
Best Interests ◽  
Community Relations ◽  
Criminal Cases ◽  
State Functions

The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.

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 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 Diversion In Children Criminal Justice System Through Restorative Justice

2018 ◽  
Vol 1 (2) ◽  
pp. 331
Author(s):  
Yudi Hendarto ◽  
Umar Ma'ruf
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Research Method ◽  
Negative Effects ◽  
Criminal Cases ◽  
Legal Research ◽  
Psychological Burden ◽  
Criminal Matters

The formulation of the problem and the purpose of this study is to describe and analyze the diversion urgency in handling juvenile criminal cases, and to describe and analyze Perma No. 4 of 2014 on Diversion in criminal matters menyelesaian children through restorative justice approach. This research method using normative legal research methods dengn type of research is descriptive analytical.� Based on the analysis result No. 4 of 2014 can be presented the following results, that Perma No. 4 of 2014 is needed in handling juvenile criminal cases. This is because during this time the condition of children who are in the coaching institutions, detention and permayarakatan far worse than a face appeared positive aspects of child development. Mixing children with adults in penitentiary have negative effects and its own psychological burden for the child, because he considered himself the same as adults with Perma No. 4 of 2014.Keywords: Diversion, Child Criminal Justice System, Restorative Justice

scholarly journals Analisis Hukum Tentang Tindak Pidana Seksual Yang Terjadi Di Kota Medan (Study PutusanNomor : 1840/Pid.B/2014/PN.Mdn)

2020 ◽  
Vol 2 (2) ◽  
pp. 194-200
Author(s):  
Mhd. Hendara Adha ◽  
Edi Warman ◽  
Triono Eddy
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Case ◽  
Justice Process ◽  
Criminal Justice Process

This article discusses how the law arrangements in the juvenile justice in the process of resolving the case, How restorative justice restrictions in law enforcement in Indonesia and How the application of Restorative justice law in the process of settlement of criminal case in Criminal Law in Indonesia. This type of research is normative juridical that describes reviewing and explaining and analyzing normative provisions associated with restorative justice applicable in Indonesia. From the above discussion that restorative justice in the settlement of criminal acts committed by children is very concerned in rebuilding relations after the occurrence of criminal acts, rather than exacerbate the rift between the perpetrators, victims and the community which is the character of the current modern criminal justice system. The restorative criminal justice process holds the view that realizing justice is not only a matter of government and criminality, but more than that it must provide justice in totality that can not ignore the interests and rights of victims and society. Implementation of the principle of restorative justice and the process of diversion as an effort to solve crimes committed by children in formal juridical has been set clearly and firmly in Law Number 11 Year 2012 about kids of justice.

KONSEP DIVERSI DAN RESTORATIVE JUSTICE SEBAGAI PERGESERAN TANGGUNG JAWAB PIDANA PADA SISTEM PERADILAN PIDANA ANAK

2018 ◽  
Vol 1 (1) ◽  
pp. 95-106
Author(s):  
Pangestika Rizki Utami
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Responsibility ◽  
Best Interest ◽  
Criminal Cases ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Criminal Penalties

The concept of diversity and restorative Justice is a criminal cases settlement form that provide children protection by promoting the best interest of the child principle. To protect children from the formal process of criminal justice system, the legal and humanitarian experts conceptualize the act of removing child who has allegedly committed a criminal offense from the general criminal justice process by providing an alternative punishment that is considered better for children. The concept of diversion is created based on the fact that the criminal justice process for children as the perpetrators through the conventional criminal justice system causes more harm than good. Restorative Justice is a fair resolving criminal cases system with by emphasizing recovery in its original state. This article will discuss about the shifting of children criminal responsibility from conservative criminal penalties to child friendly criminal penalties with the concept of diversity and restorative justice.

scholarly journals TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA MENURUT SISTEM PERADILAN PIDANA DALAM PERSPEKTIF RESTORATIVE JUSTICE / The Act Of Domestic Violence In Criminal Justice System In Restorative Justice Perspective

2016 ◽  
Vol 5 (3) ◽  
pp. 431
Author(s):  
Ridwan Mansyur
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
The Other ◽  
Criminal Sanction ◽  
Sense Of Justice

Banyak penyelesaian perkara kekerasan dalam rumah tangga yang tidak memenuhi rasa keadilan, terutama bagi korban dan subordinat dalam rumah tangga. Dalam disertasi ini disampaikan hasil yaitu pertama, penyelesaian perkara kekerasan dalam rumah tangga pada kenyataannya diselesaikan melalui Undang-Undang No. 23 Tahun 2004 sebagai lex specialis. Penyelesaian kasus kekerasan dalam rumah tangga berdasarkan aturan tersebut, secara empiris lebih menekankan pada pemidanaannya, sehingga terlihat tujuan preventif, protektif, dan konsolidatif tidak terpenuhi. Kedua, penelitian ini menyimpulkan bahwa kekerasan dalam rumah tangga merupakan perkara dengan multi dimensi penyelesaian karena terdapat sisi lingkup perdata dan di sisi lain lingkup pidana. Oleh karena itu dibutuhkan suatu media di dalam sistem yang dapat mengakomodasi penyelesaian perkara tersebut, yang salah satunya adalah dengan menggunakan pendekatan restorative justice. There are many domestic violence settlements that do not satisfy the sense of justice, especially for the victims and subordinate in the household. The dissertation results: first, the settlement of domestic violence in fact settled by Act No. 23 of 2004 as lex special. The settlements of domestic violence cases based on that rule, empirically emphasis on the criminal sanction, so that the purpose of preventive, protective and consolidative was not rise. Second, the research concluded that domestic violence is a case with the multi-dimensional settlement because there is the scope of the civil and criminal sphere on the other side. Therefore, it needs a medium in the system that can accommodate the completion of the case, which one of them is restorative justice approach.

Sign in / Sign up

Export Citation Format

Share Document