scholarly journals TINJAUAN YURIDIS TERHADAP PEMENUHAN HAK-HAK ANAK DI LEMBAGA PEMASYARAKATAN KLAS I A MAKASSAR

2019 ◽  
Vol 2 (1) ◽  
pp. 47-57
Author(s):  
HERLINA SULAIMAN
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Research Libraries ◽  
Child Research

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on the criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research,  and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act as mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional pekera based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate-in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

scholarly journals PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP PERKARA TINDAK PIDANA ANAKDI WILAYAH KABUPATEN POHUWATO

2019 ◽  
Vol 2 (1) ◽  
pp. 35-46
Author(s):  
MUHAMMAD RIZAL LAMPATTA
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Research Libraries ◽  
Professional Worker

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore, it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in implementation Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source, i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act/mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional worker based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

scholarly journals Strength of provision and law protection of children's witnesses

2020 ◽  
Vol 9 (3) ◽  
pp. 133-140
Author(s):  
Rahmida Erliyani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Child Testimony ◽  
To Receive ◽  
Religious Courts

The purpose of this study is to explain the concept of a child witness according to the criminal evidence proving law, and how the protection for children as a witness, as well as how the strength of evidence of child testimony in the criminal justice system. This research is normative legal research that focuses on secondary data by describing the execution of religious courts in regulating child custody cases. The type of data used is the type of primary data and secondary data. Analysis of the data used is a qualitative way with the legislation approach, case approach, and analysis approach. The results showed that the concept of a child's Witness does not qualify as valid witness evidence. Children as Witnesses are entitled to receive legal protection as regulated in the Child Protection Act and the Criminal Justice System for Children and the Witness and Victim Protection Act. The strength of proof of a child's testimony only has value if it is connected with other evidence.

scholarly journals The Role of the Supervision and Observation Judge on Guidance for Inmates

2020 ◽  
Vol 2 (2) ◽  
pp. 40-56
Author(s):  
Bunyamin Muhammad Yafid ◽  
Abd. Kahar Muzakkir
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Low Cost ◽  
Secondary Data ◽  
Class I ◽  
District Court ◽  
Primary Data ◽  
Legal Research

Judicial institutions, as law enforcement agencies in the Criminal Justice System, are a foundation of hopes for justice seekers, as based on Article 2 section (4) of Law No. 48 of 2009, regulates that “the Court is done simply, quickly, and at a low cost”. Therefore, this study aims to determine the implementation of the Supervision and Observation Judge's role and the obstacles that affect the Supervision and Observation Judge's performance in implementing Court Decisions in the Penitentiary. This study uses two types of research, namely normative legal research and empirical legal research. This research was conducted at the Makassar Class I Penitentiary and the Makassar Class IA District Court. The types of data used in this study include primary data and secondary data. The data that has been collected is then processed descriptively qualitatively. The results of the study concluded that the implementation of the role of the Supervision and Observation Judge in the implementation of the decision of the Makassar Class IA District Court at the Makassar Class I Penitentiary has not run optimally, because between The Supervision and Observation Judge and the Head of the Penitentiary rarely meet and discuss guidance issues for Inmates at the Penitentiary. The obstacles in implementing the role of the Supervision and Observation Judge at the Penitentiary include the problem of insufficient funds available for operational supervision and observation and the absence of special staff to assist the Supervision and Observation Judge in recording their Inmates. Therefore, more specific implementing regulations are needed to certify that the judgment is being properly executed and under the laws and regulations in Indonesia. Furthermore, there is a need for effective cooperation between the Supervision and Observation Judge and the Penitentiary Officers, who must always coordinate as one unit in an integrated Criminal Justice System.

scholarly journals Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal

2020 ◽  
Vol 3 (2) ◽  
pp. 307
Author(s):  
Sisno Pujinoto ◽  
Anis Mashdurohatun ◽  
Achmad Sulchan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Theory ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Development Concept

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.

scholarly journals THE ROLES OF INVESTIGATOR IN IMPLEMENTING DIVERSION ON CHILDREN CRIMINAL ACTION

2018 ◽  
Vol 2 (1) ◽  
pp. 41
Author(s):  
Zakki Mubarok ◽  
Achmad Sulchan
Keyword(s):  
Special Education ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Child Protection ◽  
Justice System ◽  
Criminal Cases ◽  
Internal Constraints ◽  
Legal Understanding

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.

scholarly journals KAJIAN NORMATIF KEDUDUKAN ANAK SAKSI DALAM SISTEM PERADILAN PIDANA ANAK

2018 ◽  
Vol 8 (2) ◽  
pp. 144
Author(s):  
Muhammad Iftar Aryaputra ◽  
Dharu Triasih ◽  
Endah Pujiastuti ◽  
Ester Romauli Panggabean ◽  
Reny Puspita Dewi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Positive Law ◽  
Criminal Procedure Law ◽  
Complete Set ◽  
Data Source ◽  
The Law

<p>Anak yang berhadapan dengan hukum dibagi menjadi tiga katagori, yaitu anak yang berkonflik dengan hukum, anak korban, dan anak saksi. Selama ini, perhatian yang diberikan lebih banyak tertuju pada anak yang berkonflik dengan hukum dan anak korban.  Kedudukan anak saksi kurang untuk dikaji.  Penelitian ini dimaksudkan untuk mengkaji lebih dalam kedudukan anak saksi dalam peradilan pidana anak. Permasalahan yang diangkat dalam penelitian ini yakni<em> </em>terkait pengaturan anak saksi dalam hukum positif dan bentuk perlindungan terhadap anak saksi dalam sistem peradilan pidana anak. Penelitian ini termasuk dalam penelitian hukum normatif. Dengan demikian, sumber data yang digunakan adalah data sekunder, terutama yang berasal dari bahan hukum primer berupa perundnag-undangan terkait. Dari data yang diperoleh, selanjutnya akan dianalisis secara kualitatif, sehingga akan menghasilkan suatu penelitian yang bersifat deskriptif analisis. Berdasarkan hasil penelitian, didapatkan hasil bahwa undang-undang yang mengatur paling lengkap tentang anak saksi dalam sisitem peradilan pidana anak adalah UU No. 11 Tahun 2012. Pengaturan mengenai anak saksi cenderung tidak sistematis dalam suatu undang-undang. Ketentuan mengenai anak saksi tersebar dalam berbagai ketentuan perundang-undangan seperti UU No. 8 Tahun 1981 tentang Hukum Acara Pidana, UU Perlindungan Anak, UU Sistem Peradilan Pidana Anak, dan UU Perlindungan Saksi dan Korban. Patut disayangkan, belum diatur tentang jaminan keselamatan bagi anak saksi dan pemulihan mental bagi anak saksi.</p><p><em>Children who are dealing with the law are divided into three categories, children in conflict with the law, children of victim, and children of witness. So far, more attention has been paid to children in conflict with the law and children of victims. The position of children of witness is less to be studied. This study is intended to examine more deeply the position of witnesses in the juvenile criminal justice system. The problem raised in this study is related to the arrangement of children of witnesses in positive law and the form of protection of witness children in the criminal justice system of children. This research is included in normative legal research. Thus, the data source used is secondary data, especially those derived from primary legal materials in the form of related regulations. From the data obtained, then it will be analyzed qualitatively, so that it will produce a descriptive analytical study. Based on the results of the study, it was found that the law that regulates the most complete set of witness children in the criminal justice system is Law No. 11 of 2012. Arrangements regarding witness children tend not to be systematic in a law. Provisions regarding witness children are spread in various legislative provisions such as Law No. 8 of 1981 concerning Criminal Procedure Law, Child Protection Act, Child Criminal Justice System Law, and Witness and Victim Protection Act. Unfortunately, it has not been regulated about the guarantee of safety for witness children and mental recovery for witness children.</em><em></em></p>

scholarly journals Access to Justice for the Disability Women as Victims in the Criminal Justice System

2018 ◽  
Vol 54 ◽  
pp. 07012
Author(s):  
Cahya Wulandari
Keyword(s):  
Qualitative Research ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Access To Justice ◽  
Sociological Approach ◽  
Victims Of Violence

Women are the parties who have potential chance to be victims; this problem is regardless of patriarchy culture which is still very strong in the community. Women are considered vulnerable, moreover those who have dissabilities. Disability women are less able to protect themself from the violence. These problems are related to access to have the rights in justice for those disability women who become the victims of violence. This research used primary data and secondary data with qualitative research through juridical sociological approach. The violence which often occurs to women could be physical, verbal, sexual, as well as psychic violence. The disability women as victims get less access to justice and protection as set in regulations because they are lack of understanding from law enforcer about disability. Moreover, there is no infrastructure that can support the rights of disability women.

scholarly journals Comparative Criminal Law Policy Positives With Foreign Countries In The Criminal Law Prosecuting Perpetrators Of Criminal Acts Of A Child In Indonesia

2018 ◽  
Vol 1 (2) ◽  
pp. 337
Author(s):  
Tutut Suciati Handayani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Literature Study ◽  
Sociological Approach ◽  
Foreign Countries ◽  
Criminal Procedure Law

In this study the issues to be discussed are: the policy positive criminal law in the prosecution of perpetrators of criminal acts of a child, criminal law policy of foreign countries in the prosecution of perpetrators of criminal acts of children and the barriers prosecutor in carrying out the task of prosecuting perpetrators of criminal acts of child and how the efforts countermeasures. The research method that will be used is the juridical sociological approach. In order to obtain primary data and secondary data that is accurate to the writing of this study, the data collection by means of a literature study to find materials relating to the principles and rules of law relating to criminal procedure law and the criminal justice system of children. Based on the results of this research is still fragmented between the investigator and the prosecutor so that ultimately the criminal justice system is not optimal child be a solution to cope with the child as a criminal. The issue of children as criminals not only be approached only by using purely legal approach, but also must use the instrument of social and economic approaches. That in conducting the prosecution against children, public prosecutors are often encountered problems due to its law system, the apparatus structure and legal culture. therefore it is necessary for the reconstruction of the criminal justice system of Indonesia, so it can be used as a reference for events that are special laws such as the juvenile justice system.Keywords: Comparative, Policy, Criminal Law.

scholarly journals THE ROLE OF THE SPECIAL DEVELOPMENT INSTITUTIONS OF CHILDREN CLASS I KUPANG IN THE RE-EDUCATION PROCESS LEGAL CONFLICT CHILDREN

2020 ◽  
Vol 4 (1) ◽  
pp. 337
Author(s):  
Mikayani Putri ◽  
Satria Akbar ◽  
Evelyn B. Sumby ◽  
Chrisna Kurnia Miha Balo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Primary Data ◽  
Number Of Children ◽  
Development Institutions ◽  
Legal Position ◽  
The Law ◽  
Education Process

Writing of this Thesis aims to find out the legal position and the role of the Special Guidance Institution for Children in the Criminal Justice System, the scope of childdevelopment and re-education of children in conflict with the law, As for thebackground of writing that the number of children in conflict with the law in 2019 hasincreased a total of 32 children in 2018 or from 9 children to 41 children who arefostered. Likewise, the number of children in conflict with the law in 2018 has increasedby 8 children in 2017 or from 1 child to 9 children. From this condition, learning takesplace about the actions that need to be taken in rder to survive in the midst of difficultconditions. This study uses a normative juridical approach which means that inanalyzing the problem carried out by combining legal materials (which are secondarydata) with primary data obtained in the field, namely on the Role of the Kupang Class IChild Special Development Institution in the Process of Re-Education of Children TheConflict of Laws. The results showed that the position of the Kupang I Class SpecialChild Coaching Institution in fostering Children in Conflict of Laws was in accordancewith the unity of the concept of the Criminal Justice System, namely providing guidancein accordance with Pancasila, the 1945 Constitution, the main principles ofcorrectional and penification services that have been determined in the Law.Penitentiary Law No. 12 of 1995. In addition, in the procedure and re-educationprocess of Children in Conflict of Law, at least through 4 stages, namely theintroduction of the environment, 0 to 1/3 criminal period, 1/3 criminal until the ½criminal period and Assimilation

Challenges and Prospects of the Criminal Justice System in Handling Child Victims and Alleged Offenders in Ethiopia

2020 ◽  
pp. 0306624X2094466
Author(s):  
Nahom Eyasu ◽  
Sisay Haile ◽  
Yosef Tesfaye
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Primary Data ◽  
Child Victims ◽  
Structured Interviews ◽  
North West ◽  
Challenges And Opportunities ◽  
Child Friendly

The current study aims to explore the challenges and prospects of the criminal justice system in handling child victims and alleged offenders in Bahir Dar metropolitan city, North West Ethiopia. A qualitative research design was adopted to achieve this goal. Primary data was collected through semi-structured interviews conducted with victimized children ( n = 25) and in-depth interviews conducted with key informants ( n = 15). Data were analyzed using inductive thematic analysis. The general emergent theme— encumbrance and motivation reflected the challenges and opportunities of the criminal justice system in handling child victims and alleged offenders, respectively. The results from the study revealed that the absence of child-friendly police stations, limited overall assessments and psychosocial supports for child victims, slow, tardy and insensitive justice process, and legal system gaps were critical issues at the initial police contact, investigation, and trial stages of the criminal justice system. It appears from this study that the wellbeing and support needs of victims and witnesses are not yet being adequately addressed. In this study, a major challenge identified was the deficit of law enforcement in the criminal justice system as to the detection and investigation of a crime involving child victims. On the other hand, the initiatives to introduce child protection units and child-friendly police stations, provision of support and assistance, and awareness-raising about child-friendly practices among the criminal justice system are the major prospects that have been taken place within the criminal justice system.

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