scholarly journals THE IMPLEMENTATION OF RESTORATIVE JUSTICE AT THE WOMEN AND CHILDREN PROTECTION UNIT OF BENGKULU POLICE RESORT (CASE STUDY ON SEXUAL CRIME)

2020 ◽  
Vol 9 (2) ◽  
pp. 220-234
Author(s):  
Aziza Yuli Susanti ◽  
Antory Royan Adyan ◽  
Lidia Br Karo
Keyword(s):  
Human Resources ◽  
Restorative Justice ◽  
Justice System ◽  
Research Method ◽  
Qualitative Method ◽  
Best Interest ◽  
Legal Research ◽  
Sexual Crime ◽  
Women And Children

The frequent occurrence of cases of which the solutions did not prioritize the best interest for all parties which commonly called as Win-Win Solution resulted in Criminal Justice System to implement Restorative Justice System Justice in which considered to be better because it fix the relation between the victim and the perpetrator. This thesis research used empirical legal research method, the data used was primary, secondary, and tertiary data. The population in this study was all the investigators and co-investigators of Women and Children Protection Unit as well as all the parties who have dealt with Women and Children Protection Unit of Bengkulu Police Resort. Data analysis performed through descriptive qualitative method which elaborates the data in the form of sentences systematically based on the statements obtained from the result of the study in the field. The result of this study was in order to manifest an ideal role, investigators need to undergo development and improvement in various aspects, among others are: it is necessary to do socialization and coordination, improvement of quality as well quantity of adequate human resources, in order to be skillful, tenacious, and responsible and professional.

scholarly journals Implementation Of The Settlement Of The Case Restorative Justice In Fights By Children Because The Effect Of Liquor (Case Study In The Polres Kudus)

2018 ◽  
Vol 1 (4) ◽  
pp. 1013
Author(s):  
Hadi Noor Cahyo ◽  
Maryanto Maryanto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Best Interest ◽  
Judicial Process ◽  
Great Opportunity ◽  
Police Authority ◽  
Technical Functions

Settling disputes fight by children because of the influence of liquor based on the Law applicable Relative authority possessed by police, then in handling ABH, the police can make or use the authority the discretion of the need to continue the legal process. Restorative Justice approach used in settling disputes fight by children because of the influence of liquor in the best interest of children of law enforcement officers are already implementing Discretion (Police Authority) and Diversion Restorative Justice approach based on each brat who committed the crime. According to Act No. 11 Of 2012 on Child Criminal Justice System, Restorative Justice approach is highly required as for the approach made through Diversion is applied at every stage of the proceedings. With the Discretion (Police Authority) and Diversion at every stage of the proceedings under the Child Criminal Justice System provides a great opportunity to keep the child out of the judicial process that is not needed in order to maintain mental, moral, and future of the child.Obstacles and solutions for settling disputes fight by children because of the influence of liquor through the mechanism of Restorative Justice Approaches Related to the competence of the investigators in the field of legal knowledge, laws and regulations, the criminal justice system and the technical skills and tactical investigation is still not optimal. This happens because not all personnel functions reskrim follow vocational education and skills of detectives technical functions supporting for example the ability to use information technology in the disclosure of a criminal case. Including in this case the lack of a comprehensive understanding of the principles of restorative justice.Keywords: Restorative Justice, Kids Fighting, Liquor.

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 MENS REA AS THE BASIS OF DIVERSION IN THE CHILD CRIMINAL JUSTICE SYSTEM BASED ON RESTORATIVE JUSTICE

2021 ◽  
Vol 9 (04) ◽  
pp. 62-67
Author(s):  
Nur Chasanah ◽  
◽  
Arief Darmawan SU ◽  
Otto Yudianto ◽  
◽  
...  
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Research Method ◽  
Mens Rea ◽  
Criminal Cases ◽  
Legal Research ◽  
Government Regulations ◽  
Criminal Penalty ◽  
Criminal Procedure Law

Restorative justice or more precisely keadilan restoratif in the Indonesian context is based on the principle of building joint participation between perpetrators, victims, and community groups in resolving a criminal act. The problem has been that in the formulation of the laws and government regulations diversion (diversi) is carried out if a criminal act is committed by a child who is punishable by imprisonment under seven years other than that if criminal acts that were committed by a child is not a repetition of criminal acts (recidive). A research using a normative legal research method found that through legal findings or rechtsvinding (penemuan hukum), judges can formulate criminal law policies through their decisions based on mens rea. Tt is a must for judges to settle criminal cases with a child of 12-years-old age perpetrator and/or the delinguent actor is a recidive via diversion. The provisions of Indonesian criminal procedure law dicates that judges are also obliged to seek diversion towards the settlement of all criminal cases whose actions were committed by children, both those with a criminal penalty over seven years and/or recidive or those who does not included in the two categories.

scholarly journals RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK / Restorative Justice In Juvenile Justice System

2016 ◽  
Vol 5 (3) ◽  
pp. 319
Author(s):  
Randy Pradityo
Keyword(s):  
Human Resources ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Best Interests ◽  
Best Interest ◽  
The Will ◽  
The Law

Anak sebagai generasi penerus bangsa sudah selayaknya mendapatkan perhatian khusus. Hal tersebut bertujuan dalam rangka pembinaan anak untuk mewujudkan sumber daya manusia yang berkualitas. Maka dari itu, diperlukan pula sarana dan prasarana hukum yang mengantisipasi segala permasalahan yang timbul. Sarana hukum ini bertujuan untuk mengantisipasi stigma atau cap jahat yang ditimbulkan ketika anak berhadapan dengan hukum, sekaligus memulihkan dan memasyarakatkan kembali anak tersebut. Salah satu solusinya adalah dengan mengalihkan atau menempatkan pelaku tindak pidana anak keluar dari sistem peradilan pidana serta memberikan alternatif bagi penyelesaian dengan pendekatan keadilan demi kepentingan terbaik bagi anak, yang kemudian dikenal dengan pendekatan restorative justice. Restorative justice yang merupakan implementasi konsep dari diversi telah dirumuskan dalam sistem peradilan pidana anak, namun sistem yang baik haruslah diiringi dengan suatu sikap yang dijiwai kehendak untuk memandang dan berkeyakinan bahwa dunia ini selalu menjadi lebih baik. Selain itu, hendaknya prinsip the best interest of the children selalu diutamakan ketika menangani anak yang berhadapan dengan hukum. Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system, but a good system must be accompanied by an attitude which is imbued with the will to perceive and believe that this world is always getting better. In addition, should the principle of the best interest of the children always come first when dealing with children in conflict with the law.

scholarly journals EFEKTIFITAS KONSEP DIVERSI DALAM PROSES PERADILAN ANAK PELAKU TINDAK PIDANA MENURUT UU NO. 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK (Dalam Proses Peradilan Anak Pelaku Tindak Pidana Di Kabupaten Malang)

2017 ◽  
Vol 24 (2) ◽  
pp. 266
Author(s):  
Komariah Komariah ◽  
Tinuk Dwi Cahyani
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Research Method ◽  
Juvenile Justice System ◽  
The State ◽  
District Court ◽  
Legal Research ◽  
The Law

Enforcement of the Act No. 11 of 2012 on Juvenile Justice System provides protection of the rights of juvenile who commit criminal acts use the diversion approach to realize the concept of Restorative Justice. To figure out the implementation of the Act, it is necessary to study with the socio-legal research method in the Police District, the State Attorney and the District Court at Malang. The results of these studies found that the application of diversion has been effective although there are still some obstacles. One of the toughest obstacles to implementing a diversion to fit is the unavailability of places to educate, nurture and put the brat as stated in the law. The study also found that in Malang at least there are some organizations / institutions in applying the diversion of government supporters, among others: BAPAS and P2TP2A.

scholarly journals Penyelesaian Perkara Anak Sebagai Pelaku dan Korban Ditinjau Dari Asas Kepentingan Terbaik Bagi Anak

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 201
Author(s):  
Hadibah Zachra Wadjo ◽  
Elias Zadrach Leasa ◽  
Denny Latumaerissa ◽  
Judy Marria Saimima
Keyword(s):  
Criminal Justice ◽  
Human Resources ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Children's Rights ◽  
Best Interests ◽  
Criminal Offense ◽  
Women And Children ◽  
The Law

In reality, specifically for the principle of the best interests of children who are accommodated in the Aanak Criminal Justice System Act not yet maximized to be applied in cases of children who are dealing with the law both against children as perpetrators and children as victims, which in the settlement of losses suffered by children as a victim of a criminal offense, it has not been concretely felt. Based on the explanation above, the problem that the writer wants to analyze is Is the settlement of the case of children considering the best interests of the child as the perpetrator and the child as the victim? Constraints in fulfilling the best interests principle for children as perpetrators and children as victims. The research method used is a type of empirical juridical research. The results showed that the fulfillment of the best interests of children in the case of children in conflict with the law must be supported by all relevant stakeholders so that children's rights can be implemented at all stages of the case inspection in accordance with the mandate of the Aanak Criminal Justice System Law and the Law related, it is not enough there, the fulfillment of the best interests must also continue to be supported back to the community. Obstacles in fulfilling the best interests of cases of children in conflict with the law, namely the lack of investigators for the protection of women and children, inadequate facilities or infrastructure, human resources both for women and children protection investigators and for assisting victims who are not yet qualified, lack of budget in case settlement children in conflict with the law.

scholarly journals Diversion's Application in The Juvenile Justice System to Realize Restorative Justice Related to Deprivation of Liberty Principle

NORMA ◽  
2021 ◽  
Vol 17 (3) ◽  
pp. 61
Author(s):  
Aunur Rofiq
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Research Method ◽  
Juvenile Justice System ◽  
Comparative Method ◽  
Legal Research ◽  
The Law ◽  
Liberty Principle

Diversion Efforts can only be carried out in cases of Children in conflict with laws that threaten their crimes under 7 (seven) years and do not constitute a repeat of a criminal act. In contrast, the juvenile justice system requires deprivation of liberty principle and punishment related to the latest findings. This research uses the normative legal research method, using the law method, research method, and comparative method. From this research, we know that diversion in the juvenile justice system cannot be done in every child's case; it can only be done in the case of children who meet the requirements of a case protected under 7 (seven) and not a repeat of follow up. Not all cases of children go through a process of diversion. Children who have a conflict with the law are directly threatened with criminal punishment. However, there has been a reconciliation between the perpetrators and the victims, so that the deprivation of liberty principle, and criminalization, is the latest result, which is not successful. Therefore, diversion shall not be used again to protect children.Keywords: Diversion, Children, Liberty

scholarly journals Analisis Disiplin Aparatur Sipil Negara pada Badan Kepegawaian Dan Pengembangan Sumber Daya Manusia Kabupaten Aceh Timur

2019 ◽  
Vol 1 (2) ◽  
pp. 138-146
Author(s):  
Muzanny Muzanny ◽  
Nina Siti Salmaniah Siregar ◽  
Isnaini Isnaini
Keyword(s):  
Human Resources ◽  
Research Method ◽  
Qualitative Method ◽  
The State ◽  
Human Resources Development ◽  
Development Agency ◽  
Work Ethics ◽  
Standard Work ◽  
Resources Development ◽  
Descriptive Qualitative

The purpose of this research is to analyze the discipline of the State Civil Apparatus at the Human Resources Development and Human Resources Development Agency in East Aceh Regency in terms of time discipline and work discipline and what are the obstacles. While the purpose of this study is to analyze the time discipline and work discipline of the state civil apparatus at the Human Resources and Human Resources Development Agency in East Aceh District and determine what obstacles are faced in improving the time discipline and work discipline of the state civil apparatus. The research method used is descriptive qualitative method, with a focus of research that is time discipline and work discipline. Based on the results of research and discussion the authors conclude that time discipline and work discipline apparatus BKPSDM East Aceh in general is good. Barriers that occur are distant domicile, do not have standard work standards, lack of maximum vigilance, not all understand work ethics. Some things suggested are more cooperative, give penalties for violations, continuous supervision.

scholarly journals IMPLEMENTATION OF EDUPRENEURSHIP THROUGH THE TEACHING FACTORY IN VOCATIONAL HIGH SCHOOL OF HOTEL ACCOMMODATION: CASE STUDY AT SMK N 6 YOGYAKARTA

2018 ◽  
Vol 1 (1) ◽  
pp. 7
Author(s):  
Tri Kuat
Keyword(s):  
High School ◽  
Basic Principle ◽  
Research Method ◽  
Qualitative Method ◽  
Work Culture ◽  
Vocational High School ◽  
State Income ◽  
Depth Interviews ◽  
Hotel Accommodation

The purpose of this study is to know, to describe, and to analyze the implementation of edupreneurship through teaching factory in the vocational high school (SMK) majoring in hotel accommodation program skill. The research method used in this research is the qualitative method. This method is intended to know deeply in the implementation of edupreneurship through teaching factory in SMK. This research started with the observation of edupreneurship activity through teaching factory at SMK N 6 Yogyakarta. The data was collected by conducting in-depth interviews with informants who are directly involved in edupreneurship activities. The result of this research is the implementation of edupreneurship through teaching factory in terms of learning, there is commitment and basic principle which run by the school but not yet optimal. There are still significant obstacles, especially related to the work culture that is applied not in accordance with the procedures of business and industry (DUDI), educators who have not understood the culture of DUDI, facilities, and infrastructure that do not meet the DUDI standards, the cooperation between SMK and DUDI is still weak, and the regulation of the Supreme Audit Agency (BPK) which requires the use of state-owned goods as a form of state income.

scholarly journals Kewenangan Pengelolaan Keuangan Lembaga Perkreditan Desa (LPD) Setelah Berlakunya Peraturan Daerah Nomor 29 Tahun 2013

2021 ◽  
Vol 2 (1) ◽  
pp. 142-146
Author(s):  
Made Ipunk Dwi Kusuma ◽  
Nyoman Putu Budiartha ◽  
Diah Gayatri Sudibya
Keyword(s):  
Human Resources ◽  
Financial Management ◽  
Qualitative Method ◽  
Provincial Government ◽  
Data Sources ◽  
Credit Institution ◽  
Legal Research ◽  
Descriptive Qualitative

The purpose of this research is to explain the authority of LPD financial management in Badung Regency, after the enactment of the Badung Regency Regulation No. 29/2013 and to find out the direction of the utilization of LPD coaching funds in Badung Regency. This research used normative legal research, with a statutory approach that specifically regulates the financial management authority of the LPD after the enactment of the Badung Regency Regulation number 29 of 2013. The data sources used were primary and secondary legal materials. The data were analyzed using descriptive qualitative method, namely the presentation by describing in detail certain aspects related to the problem being researched. The results showed that the authority to regulate the implementation of village credit institution activities in Badung Regency is still handled by the Provincial government because so far the Province has never handed over or delegated this authority to Badung Regency. Second, the utilization of village credit institution development funds is to provide guidance to LPDs in Bali and to improve the performance and quality of LPD management human resources.

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