scholarly journals Model Of Punishment: Juvenile Justice Systems

2021 ◽  
Vol 3 ◽  
pp. 35-56
Author(s):  
Rafika Nur ◽  
Handar Subhandi Bakhtiar ◽  
Nurul Miqat ◽  
Darmawati Darmawati ◽  
Mustawa Mustawa
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Special Treatment ◽  
Criminal Sanctions ◽  
Two Systems ◽  
The Law ◽  
Justice Systems ◽  
Special Rights

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law.  This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.

KEBIJAKAN HUKUM PIDANA PERLINDUNGAN ANAK DALAM PEMBARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA

2018 ◽  
Vol 2 (3) ◽  
pp. 358
Author(s):  
Candra Hayatul Iman
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Special Treatment ◽  
System Reform ◽  
Best Interest ◽  
Cultural Paradigm ◽  
The Law

Juvenile Delinquency is an anti-social behavior can be disturbing public society, but it is recognized as a common phenomenon that must be accepted as a social fact. Children based on their physical, mental and social have a weak position compared with adults, so that children who committed needs to be special treatment. Therefore, the treatment of juvenile delinquents should be different with the treatment of adults. Child Protection in fact there are still many who have not accommodate the principles of international instruments. In the juvenile court still found violations of children's rights in the implementation of the handling of children in conflict with the law. Research it can be concluded that the formulation of policies for the protection of children in conflict with the law in the juvenile justice system in Indonesia is regulated in Law No. 3 Year l997 on Juvenile Court has not accommodated the principle of the best interest of the child in the juvenile justice system, so it is normative in the formulation did not reflect the level of the basic idea of the protection of children. Thus, the level of normative formulation does not reflect the basic idea of the child protection law. Formulation studies to the protection of children in conflict with the law in the juvenile justice system in accordance with Law No. 11 Year 2012 has been to accommodate the principle of the best interest of the child with the diversion. Yet undiscovered principles of availability of legal aid in the context of the principle of diversion and diversion control authority. Formulation studies to the protection of children in conflict with the law in the juvenile justice system in accordance with Law No. 11 Year 2012 has been to accommodate the principle of the best interest of the child, among others, by focusing on the handling of children in conflict with the law through diversion measures to promote restorative justice approach. Application policy to the protection of children in conflict with the law in the juvenile justice system involves substantial problems, structural and cultural. Paradigm of retributive justice system is still an idea in Act No. 3 of 1997. Keywords: Criminal Law Policy; child protection, juvenile justice system reform.

The Rights of Children in Conflict with the Law in Ghana

2011 ◽  
Vol 19 (2) ◽  
pp. 271-293 ◽  
Author(s):  
Robert Kwame Ame
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Female Circumcision ◽  
Policy And Practice ◽  
Daunting Task ◽  
Female Children ◽  
The Law ◽  
Key Questions

AbstractIn a country where implementing children's rights in general remains a major challenge, the idea of according rights to children in conflict with the law can be a daunting task. With too many other children's problems to deal with such as the millions of street children and child laborers, female circumcision, and sexual violence against female children, the needs and rights of juvenile offenders could easily be relegated to the bottom of the government's priorities for children. Nonetheless, by virtue of ratifying the UNCRC in 1990, Ghana has made a commitment to address the needs and respect the rights of children in Ghana including its juvenile offenders. Thirteen years after ratifying the CRC, the Ghanaian Parliament passed the Juvenile Justice Act 2003 (Act 653). What rights does the Act accord children in conflict with the law? Do the policies and practices of the new juvenile justice system measure up to the standards of the Convention? These are the key questions addressed in this paper. The paper concludes that vis a vis the CRC, the new Juvenile Justice Act looks good on paper but argues that there is a colossal gap between policy and practice. The paper ends with suggestions on how to effectively protect the rights of children in conflict with the law.

A comparative study of measures for children in conflict with the law in Goa and Singapore

2009 ◽  
Vol 52 (3) ◽  
pp. 313-326 ◽  
Author(s):  
Murli Desai
Keyword(s):  
Juvenile Justice ◽  
Comparative Study ◽  
Justice System ◽  
Juvenile Justice System ◽  
Similarities And Differences ◽  
The Law

English This article aims to compare the measures undertaken for children in conflict with the law in terms of strengths and gaps and similarities and differences, together with profiles of children who enter the juvenile justice system in a progressive state of India, namely Goa, and Singapore. French Cette article vise à comparer les mesures prises pour les enfants en conflit avec la loi en termes de forces et manques, ressemblances et différences, ainsi que le profil des enfants entrants dans le système de justice des mineurs dans un état progressiste de l’Inde, en l’occurrence Goa, et Singapour. Spanish Este artículo compara las medidas tomadas para tratar a los niños en conflicto con la ley en términos de fortalezas y vacíos y similitudes y diferencias, y también el perfil de los niños que ingresan al sistema de justicia juvenil en el estado progresivo de India (Goa) y Singapur.

scholarly journals Pendidikan Kewirausahaan Bagi Anak Didik Pemasyarakatan Di Lembaga PEMLPKA Khusus Anak Kelas II Jakarta

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Muhammad Irsyad Firdaus ◽  
Mahdi Adriansyah ◽  
Moh Jamaluddin ◽  
Irfan Sudarso Gultom ◽  
Nadya Fairuza
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Entrepreneurial Education ◽  
The Law

Pelaku tindak pidana tidak hanya dilakukan oleh orang dewasa, melainkan anak-anak juga dapat melakukan tindak pidana. Mengenai pengertian anak-anak yang melakukan tindak pidana atau yang berkonflik dengan hukum diatur dalam Undang-Undang Nomor 11Tahun 2012 tentang Sistem Peradilan Pidana Anak. Dalam UU No 11 Tahun 2012, anak yang divonis bersalah dalam sistem peradilan anak mendapatkan pembinaan di LPKA. Salah satu pembinaan yang penting bagi anak sebagai bekal hidup ketika kelak kembalike masyarakat maka anak didik    penting mendapatkan pendidikan kewirausahaan melalui program pembinaan di LPKA.Kata Kunci: Pendidikan Kewirausahaan, Anak Didik, LPKACriminals are not only committed by adults, but children can also commit criminal acts. Regarding the understanding of children who commit criminal acts or who are in conflict with the law regulated in Law No. 11 of 2012 concerning the Children's Criminal Justice System. In Law No. 11 of 2012, children convicted in the juvenile justice system get coaching at LPKA. One of the important coaching for children as a provision of life when later returned to the community then important students get entrepreneurial education through a coaching program at LPKA.  Keywords: Entrepreneurial Education, Protege, LPKA

Rehabilitation within a Punitive Framework: Responsibilization and Disciplinary Utopia in the French Juvenile Justice System

Youth Justice ◽  
2017 ◽  
Vol 17 (3) ◽  
pp. 250-267 ◽  
Author(s):  
Nicolas Sallée
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Justice ◽  
20Th Century ◽  
Justice System ◽  
Juvenile Justice System ◽  
New Model ◽  
Western Countries ◽  
French Case ◽  
Justice Systems

In most Western countries, juvenile justice systems are confronted with a punitive framing of the problem of juvenile delinquency, which challenges the rehabilitative philosophy behind the first laws for minors passed in the first half of the 20th century. Through a sociohistorical study that focuses on the French case, I decrypt the emergence of a new model of ‘rehabilitation under constraint’, symbolized by the opening of new closed educational centers in 2002, followed by new supposedly rehabilitative prisons in 2007. Based on the neoliberal search for a responsibilization of youths, this model revives an old disciplinary utopia that calls our attention to the presumed need for a ‘return of authority’.

scholarly journals Children’s Rights and the Juvenile Justice System in Estonia

2017 ◽  
Vol 25 ◽  
pp. 66 ◽  
Author(s):  
Judit Strömpl ◽  
Anna Markina
Keyword(s):  
Juvenile Justice ◽  
Member State ◽  
Justice System ◽  
Juvenile Justice System ◽  
Research Projects ◽  
International Organisations ◽  
Best Interest ◽  
Justice Systems ◽  
Best Interest Principle ◽  
The Right

Approaching from the UN Convention of the Right of the Child (UNCRC) and the principle of best interest of the child is mandatory in all decision-makings in all EU countries. However, we can see notable contradictions between the articles of UNCRC, the best interest principle and the practice of juvenile justice systems almost in every EU member state. International organisations and national states make efforts to cross the contradictions and to guarantee the rights stated in the UNCRC. In this paper, we present some attempts to enhance the juvenile justice systems while focusing on Estonian case. Participation in two international action research projects enables authors to give an overview about the situation how the rights of Estonian children in detention are followed and what are the main tendencies in everyday practice.

scholarly journals REKONTRUKSI PASAL 7 AYAT (1), UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK, BERBASIS PRINSIP-PRINSIP INDIVIDUALISASI PIDANA DALAM HUKUM ISLAM

Yustitia ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 79-93
Author(s):  
Maemunah Maemunah
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
District Court ◽  
Comparative Approach ◽  
Level 3 ◽  
The Law ◽  
Special Protection

Children are a trust and gift from God who has dignity and dignity as a whole human being. In order to safeguard his dignity, the child is entitled to special protection, especially legal protection in the justice system. In realizing the maximum child protection, requires a policy that supports the realization of maximum protection, with the issuance of Law Number 11 Year 2012, concerning the Juvenile Justice System. This is done because Indonesia as a State Party in the Convection of children's rights governing the principle of legal protection against children have an obligation to provide special protection for children in conflict with the law. In Article 7 Paragraphs 1 and 2 of the Law on the Juvenile Justice System, article 7 (1) At the level of investigation, prosecution and examination of cases of children in the district court must be endeavored Diversion, (2) Diversion as meant in paragraph (1) is carried out in the case of acts crimes committed: (a) are threatened with imprisonment of less than 7 (seven) years and (b) do not constitute repeat offenses. This study intended to examine and analyze the form of legal construction of the Juvenile Justice System specifically implementing diversion for victims with demands of less than 7 years. The research method uses a statutory approach, a case approach, and a comparative approach to the number of cases by reviewing and analyzing legislation, journals, cases, data and direct interviews. According to the results of the study, it is found that the implementation of legal penal system of the Juvenile Justice System (1) child cases is increasing, (2) diversion is carried out since the investigation up to the court, and there are still many that are done at a higher level, (3) have an understanding, that diversion must be sought, has a meaning that can be done at various levels so that diversion occurs at several levels, and often occurs at the Court level.

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