Rehabilitation and reintegration policies of children victims of criminal action in the Children's Criminal Jurisdiction System

2021 ◽  
Vol 10 (1) ◽  
pp. e32810111706
Author(s):  
Ani Purwati ◽  
Fifin Dwi Purwaningtyas ◽  
Jumali Sapta Agung
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Juvenile Justice System ◽  
Methodological Approach ◽  
Legal Protection ◽  
Child Victims ◽  
Conceptual Approach ◽  
Child Victim ◽  
Rehabilitation Programs ◽  
Rights Of The Child

This research examines the harmonization of statutory regulations and the application of law on child victim protection as an achievement of optimal independence for child victims during formal restorative justice and post-recovery. The research objectives and specific targets were (1) formulating the concept of rehabilitation and reintegration of child victims in the juvenile justice system; (2) establishment of SOP (Standard Operational Implementation) for law enforcement officers on the handling of child victims; (3) integrated networking institutions / legal aid institutions and psychological assistance for child victims; and (4) the formulation of juvenile justice teaching, restorative justice, legal and psychological approaches. The method used in this research is through a mix methodological approach between law and psychology with a conceptual approach and a statue approach to analyze the weaknesses of current legislation, such as centralized legal protection for child victims of the fulfillment of restorative judicial evidence (informal), but not yet. Integrated psychosocial and vocational rehabilitation programs for every victims. Apart from that, the child criminal law policy in Indonesia which implements restorative justice is still in the perspective of children in conflict with the law. The concept method of victim rehabilitation is implemented by rehabilitation programs in accordance with the principles of the Convention on the Rights of the Child (KHA).

scholarly journals Rights to restitution for child victim of criminal act under government regulation number 43 year 2017

2018 ◽  
Vol 52 ◽  
pp. 00006
Author(s):  
Azmiati Zuliah ◽  
Madiasa Ablisar
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Applied Theory ◽  
Child Victims ◽  
Material Loss ◽  
Child Victim ◽  
Her Family ◽  
Theory Of Justice ◽  
Rights Of The Child

The criminal act against children is a gross violation of human rights. The criminal act committed by the offenderis intolerable because it can affect their survival as well as growth and development. Therefore, the victim deserves legal protection. Restitution is one of forms of protection and fulfillment of the rights of the child to compensate any damages. So far, child victim of criminal act suffers not only material loss (countable) but also immaterial loss (uncountable) such as shame, loss of self-esteem, depression and/or traumatic anxiety.It is the fact that so far the rights of child victims to restitution are very often violated. Therefore, the child victim and his or her family feel that they do not given justice. It is hoped Government Regulation Number 43 Year 2017 will be able to give legal certainty to the victim to ensure that he or she can enjoy his or her rights to restitution for any loss he or she suffers as stipulated in Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection. This research uses theory of justice as grand theory, law enforcement as middle range theory and theory of victimology as applied theory.

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law.  Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice  The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases

scholarly journals Tindak Pidana Bullying yang dilakukan Anak dibawah Umur melalui Keadilan Restorative Justice

2020 ◽  
Vol 1 (2) ◽  
pp. 68-72
Author(s):  
I Made Rai Dwi Surya Atmaja ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni made sukaryati Karma
Keyword(s):  
Restorative Justice ◽  
Child Protection ◽  
Legal Protection ◽  
Research Problem ◽  
Criminal Code ◽  
Child Victims ◽  
Conceptual Approach ◽  
Legal Rules ◽  
The Government ◽  
Settlement Of Disputes

Bullying is bullying that often leads to bad deeds that contain crime, but goes unnoticed. Based on this research, the authors raise the formulation of the problem: 1. How is legal protection for child victims of bullying ?, 2. How is the settlement of bullying crime through restorative justice? This type of research is normative law. The approach to this research problem is a statutory approach, a conceptual approach, and a case approach. The research method used is normative legal research, by conducting studies based on legal materials from legal books and is a process of finding legal rules. As for the problem approach in this study, namely the statutory approach (statute approach) and the conceptual approach (conceptual approach) and the case approach (case approach). The results show that the form of legal protection for child victims of criminal acts of bullying is regulated in several laws and regulations, namely, the Criminal Code, Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to resolve criminal acts of bullying through restorative justice using non litigation or settlement of disputes outside the court. The point of settlement of cases on restorative justice is based on the parties to express their opinions to produce an agreement. There are two kinds of crime prevention efforts, namely penal and non-penal efforts. It is hoped that the government, agencies engaged in law enforcement and education as well as the public will make firm efforts against the crime of bullying.

scholarly journals Penyelesaian Perkara Pidana Anak Melalui Diversi sebagai Bentuk Perlindungan Bagi Anak

2018 ◽  
Vol 1 (1) ◽  
pp. 079-084
Author(s):  
Nurmalawaty Nurmalawaty
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Government Regulation ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officials ◽  
Justice Process ◽  
The Law

Ide Diversi pada awalnya dicanangkan dalam United Nation Standard Minimum Rules for the Administration of Juvenile Justice atau dikenal dengan The Beijing Rules. Diversi merupakan pemberian kewenangan kepada aparat penegak hukum untuk mengambil tindakan atau kebijaksanaan dalam menangani atau menyelesaikan masalah pelanggar anak dengan tidak mengambil jalan formal, misalnya dengan menghentikan atau tidak meneruskan/melepaskan dari proses peradilan pidana. Dengan diundangkan Undang-undang Nomor 11 tahun 2012 tentang Sistem Peradilan Pidana Anak pada tanggal 30 Juli 2012, dan mulai berlaku 2 tahun kemudian, maka Indonesia secara sah sudah memiliki suatu peraturan yang memberikan perlindungan hukum terhadap anak yang berhadapan dengan hukum dengan salah satu metodenya adalah Diversi. Selanjutnya sebagai Peraturan Pelaksana dikeluarkannya Perma Nomor 4 tahun 2014 tentang Pedoman Pelaksanaan Diversi Dalam Sistem Peradilan Anak, dan Peraturan Pemerintah Nomor 65 tahun 2015 tantang Pedoman Pelaksanaan Diversi dan Penanganan Anak yang Belum Berumur 12 tahun. Pada prinsipnya Diversi dengan pendekatan keadilan restoratif untuk memberikan jaminan perlindungan hukum terhadap anak yang berhadapan dengan hukum untuk menghindari stigmatisasi terhadap anak serta diharapkan anak dapat kembali ke dalam lingkungan social secara wajar. Keadilan Restoratif adalah suatu proses dimana semua pihak yang terlibat dalam suatu perkara pidana bersama-sama menyelesaikan masalah serta menciptakan suatu kewajaran untuk membuat segala sesuatunya menjadi lebih baik dengan melibatkan korban, anak dan masyarakat dalam upaya mencari solusi memperbaiki dan menentramkan hati dengan tidak berdasaarkan pembalasan.   The idea of Diversion was originally proclaimed in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, otherwise known as The Beijing Rules. Diversion is the granting of authority to law enforcement officials to take action or policy in handling or resolving problems of child offenders by not taking a formal path, for example by stopping or not continuing / releasing from the criminal justice process. With the enactment of Act No. 11 of 2012 concerning the Child Criminal Justice System on 30 July 2012, and entered into force 2 years later, Indonesia has legally established a regulation that provides legal protection for children facing the law, with one of its methods called Diversion. Furthermore, as the Implementing Regulation, the issuance of Supreme Court Regualtion No. 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Justice System, and Government Regulation No. 65 of 2015 concerning The Guidelines for the Implementation of Diversion and Handling of Children Under 12 Years Old. In principle, Diversion with a restorative justice approach is to guarantee legal protection for children facing the law to avoid stigmatization of children and it is expected that children can return to the social environment fairly. Restorative Justice is a process where all parties involved in a criminal case together solve a problem and create a fairness to make things better by involving victims, children and the community in an effort to find solutions to improve and reassure by not responding to retaliation.

scholarly journals Diversion Against Crime by Children Confronting the Law to Achieve Restorative Justice

2021 ◽  
Vol 1 (2) ◽  
pp. 149
Author(s):  
Zulita Anatasia
Keyword(s):  
Law Enforcement ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Government Regulation ◽  
Juvenile Justice System ◽  
Conceptual Approach ◽  
Legal Structures ◽  
And Training

The purpose of this writing is to try to find out the existence of law enforcement regarding diversion in the handling of cases committed by children in the Juvenile Justice System Law and to see the effectiveness of implementing the diversion policy in handling cases of criminal acts committed by children. The research was carried out in a normative juridical manner, with a statute approach and a conceptual approach using descriptive qualitative analysis. The results of this paper show that law enforcement regarding cases involving children with a diversion policy is rigidly regulated in Law, namely Law Number 11 of 2012 concerning the Juvenile Justice System, as well as related regulations such as Law Number 23 of 2002 concerning Child Protection, and Law -Law Number 13 of 2006 concerning Protection of Witnesses and Victims. In addition to law regulations there are implementing regulations such as Government Regulation Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Not Aged 12 (Twelve) Years Old and Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System. In addition, the effectiveness of law enforcement does not run effectively in practice, this shows that the diversion policy to realize restorative justice is not being implemented properly, the linkages between external and internal components are not evenly distributed, both law enforcers and the roles of stakeholders, this has an impact The diversion policy and the goal of realizing restorative justice which has not been effectively implemented are influenced by several factors such as limited Human Resources (HR) who have not supported the implementation of the SPPA Law and training for legal structures.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK (Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto)

2009 ◽  
Vol 9 (3) ◽  
Author(s):  
Angkasa Angkasa ◽  
Saryono Hanadi ◽  
Muhammad Budi Setyadi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Police Department ◽  
Justice Model ◽  
Article 5 ◽  
Mediation Practice

Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system  in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18  Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison

scholarly journals Legal Protection for Cyber Crime Victims on Victimological Perspective

2018 ◽  
Vol 54 ◽  
pp. 08004
Author(s):  
Angkasa
Keyword(s):  
Qualitative Research ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Research Approach ◽  
Child Victims ◽  
Cyber Crime ◽  
Child Victim ◽  
Victims Of Crime ◽  
Source Of Error

All this time, a second victimization in a criminal justice system is considered to be an identical problem for the victims of crime. Thus, it is fair if the whole assessment is more oriented to the legal protection for the victims, especially the child victims in the crime of fornication and coition. However, when viewed from different sides, the source of error is not always absolute to the perpetrator but also because of the victim precipitation. This study examines the victim precipitation and its prevention with the aim to understand the degree of victim precipitation and the proportional prevention, that is not only from the aspect of the perpetrators but also from the aspect of the child victim and the community who have the potential to become victims. This research was conducted in the jurisdiction of Purwokerto City and Banyumas Regency, using sociological juridical research and qualitative research approach. The results show that there are several forms of victim precipitation in the crime of sexual fornication and coition to the child. Meanwhile, the prevention must be conducted comprehensively, either from the internal of the victim, or externally from various related parties.

Balanced Approach and Restorative Justice Efforts in Allegheny County, Pennsylvania

2001 ◽  
Vol 81 (2) ◽  
pp. 187-205 ◽  
Author(s):  
RONALD J. SEYKO
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Special Session ◽  
Court System ◽  
Allegheny County ◽  
Juvenile Probation ◽  
Balanced Approach

On November 17, 1995, the governor of Pennsylvania signed into law Special Session Act 33 of 1995, which redefined the purpose of Pennsylvania's juvenile justice system to incorporate the principles of the Balanced Approach and Restorative Justice (BARJ) philosophy. This article describes the genesis of the new law, explains the BARJ model, and illustrates the effect that the law is having on the juvenile court system in Allegheny County. The article specifically focuses on the numerous projects that the Allegheny County juvenile probation department has instituted to meet the BARJ obligation.

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