scholarly journals PERAN PENYIDIK KEPOLISIAN TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM PERSPEKTIF RESTORATIVE JUSTICE

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Imam Muhdi

Abstract Children are the hope of the nation. But reality shows that children are still involved in various forms of crime. Meanwhile, the police as law enforcers are expected to handle criminal cases involving children as a perpetrator with a different approach, namely the approach of restroative justice. This is what becomes the rationale for research with two objectives: (1). The role of police investigators on children in conflict with the law with a restroative approachjustice; (2). Forced efforts that can be carried out by police investigators on children in conflict with the law. This research is a normative study with two approaches, namelylegislation approach and conceptual approach. Based on this approach, the overall results of the study were analyzed argumentatively qualitatively. The results of the study indicate that police investigators have a very important roleimportant in handling crime cases involving children by exposing the child to putting forward the approach of restroative justice. The results of subsequent research, that forced efforts by police investigators againstchildren who are in conflict with the law in the approach of restroative justice, which should prioritize human values by integrating the role of the community, given the development of the child's soul. The recommendation of researchers is that police investigators handling child crimes should be provided with special skills that prioritize the approachrestroative justice. Keywords: Children, Police Investigators, and Restorative Justice

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.


Author(s):  
I Gede Pasek Pramana

This research aims to analyze about the significance of the Constitutional Court Decision No.46/PUU-VIII/2010 the position of anak astra in Bali customary law. The research method used is a normative study by selecting the type of statue approach and the conceptual approach. Sources of legal materials that were examined in this study consisted of primary legal materials and secondary legal materials and techniques were analyzed with the description, systematic, evaluation and argumentation. Based on the perspective ( review ) Constitutional Court Decision No. 46/PUU-VIII/2010, anak astra have a civil relationship with her biological father and his family along can be proved by science and technology and / or other evidence according to the law. The juridical consequences of the Constitutional Court Decision No. 46/PUU-VIII/2010 to the norms of Bali customary law about anak astra Bali is must conform to the directions of law in the Decision of the Constitutional Court.


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.


2020 ◽  
Vol 6 (3) ◽  
pp. 1396-1416
Author(s):  
Alberto Pino-Emhart

The paper explores the role of apologies in cases of wrongdoing, in the context of both morality and the law, particularly the law of torts. It is shown that apologies are morally required in a strong sense, seeking to repair or re-establish moral relationships from the perspective of restorative justice. Moreover, it is argued that this restorative function is also relevant for the practice of tort law, in which the process could also aim at re-establishing the normative relationship between the parties, and communicating a restorative message to the victim, like apologies. It is discussed whether compensatory remedies in tort law could perform this restorative function, opening the space for further work over this symbolic function that tort systems could potentially perform.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 562
Author(s):  
Rena Yulia ◽  
Aliyth Prakarsa

Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach


2020 ◽  
Vol 3 (2) ◽  
pp. 17-32
Author(s):  
Putra Perdana Ahmad Saifulloh

This article aims to answers the problem of organizing the Political Parties Wings in Positive Law. This research used a normative juridical research method, with a statutory, historical, and conceptual approach. The result of this research shows that Legal Politics of the Wing of Political Parties in the Law on Political Parties in Indonesia is to strengthen political parties in carrying out broader articulation and aggregation of interests. As well as imparting significant role of political parties in carrying out their functions to connect with the people directly, especially in bridging and fighting for the people interests.


2019 ◽  
pp. 175-184
Author(s):  
George P. Fletcher

This chapter explores the role of mental state in criminal cases, considering the concept of negligence. Lawyers trained in the common law tradition are familiar with the concept of mens rea and the maxim actus non facit reus nisi mens sit rea. Literally this means that there is no criminal (or guilty) act without a criminal (or guilty) mind. The problem is that there are both descriptive and normative interpretations of mens rea and of the maxim. The normative or moral interpretation of mens rea holds that the term equivalent to a guilty mind, for example, a basis for blaming the actor for their conduct, is something not possible in the face of the defenses considered in the last chapter. Meanwhile, negligence is based, as in the classic definition from the law of torts, on the conduct of “a reasonable person under the circumstances.” The important point is that negligence is based on the fault of not knowing.


Author(s):  
Boyce Alvhan Clifford ◽  
Barda Nawawi Arief

Restorative Justice is a settlement of criminal cases involving perpetrators, victims, families of perpetrators / victims, and other concerned parties to jointly seek a fair settlement by emphasizing restoration back to its original state, rather than retaliation. Restorative Justice actually has a strategic position as a means of defending the rights of children in conflict with the law. But the constraint is how Restorative Justice can not run efficiently if applied not in the right way. The aim of this research is to find out the synchronization / harmonization of Restorative Justice idea formulation in various laws of child in Indonesia, both current (ius constitutum) and in the future (ius constituendum). By using the Normative Juridical method in a broad sense, this research is not only limited to looking logically / systematically in the whole set of norms but also includes the philosophical, sociological, historical, and comparative background of the implementation of the idea of ??restorative justice itself. The study shows that the idea of ??Restorative Justice has been implemented in the provisions of the laws and regulations of children in Indonesia, but still shows that the application has not been maximized. In the hope of implementing Restorative Justice idea in the future, RKUHP is formulated to meet the shortcomings contained in the provisions relating to Restorative Justice ideas in the present. Restorative Justice merupakan penyelesaian perkara tindak pidana dengan melibatkan pelaku, korban, keluarga pelaku/korban, dan pihak lain yang terkait untuk bersama-sama mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula, dan bukan pembalasan. Restorative Justice sebenarnya memiliki posisi yang strategis sebagai suatu sarana dalam mempertahankan hak-hak anak yang berkonflik dengan hukum. Namun yang menjadi kendala adalah bagaimana Restorative Justice itu tidak dapat berjalan secara efisien bila diterapkan bukan dengan cara yang benar. Tujuan penelitian ini untuk mengetahui sinkronisasi/harmonisasi formulasi ide Restorative Justice di berbagai peraturan perundang-undangan anak di Indonesia, baik yang berlaku sekarang ini (ius constitutum) maupun di masa mendatang (ius constituendum). Dengan menggunakan metode Yuridis Normatif dalam arti luas, penelitian ini tidak hanya sebatas melihat secara logis sistematis dalam keseluruhan perangkat norma melainkan juga mencakup latar belakang filosofis, sosiologis, historis, komparatif, dari implementasi ide restorative justice itu sendiri. Hasil studi menunjukkan bahwa ide Restorative Justice telah terimplementasi dalam ketentuan Peraturan perundang-undangan anak di Indonesia, namun masih menunjukkan penerapan yang belum maksimal. Menjadi harapan atas penerapan ide Restorative Justice dimasa mendatang maka RKUHP diformulasikan untuk memenuhi kekurangan-kekurangan yang terdapat dalam ketentuan-ketentuan terkait ide Restorative Justice yang ada pada masa kini.


Author(s):  
Marta Cerrito

The purpose of this paper is to demonstrate the crucial role of legal science for the practical side of the law, while analyzing in detail the statutes’ reform of Bergamo (1331). Indeed, the paper discusses the relationship between learned law and practical law during the period of ius commune through the analysis of some relevant quaestiones disputatae regarding criminal transactions. The author seeks to analyze the relationship between the ius puniendi of public ­authorities and private autonomy in the resolution of criminal cases focusing not only on the Roman sources (C. 2,4,18) but also on the quaestiones ex facto emergentes contained in the collections of Alberto Gandino, Alberico da Roscia­te, Alberto Galeotti and Guglielmo Durante.



2018 ◽  
Vol 1 (1) ◽  
pp. 1-20
Author(s):  
Mulyadi Alrianto Tadjuddin ◽  
Yuldiana Zesa Azis

rime can occur anywhere and anytime and can be done by anyone. Both adults, young people and even children. Even though the crimes committed by children and adults are the same, however different forms of treatment need to be taken. Especially for children in Papua with all kinds of limitations and shortcomings they have. For this reason, special treatment or special treatment is needed for children in conflict with the law. This study aims to hope that in the future the form of handling restorative justice will be put forward in dealing with criminal cases committed by children. So that children in conflict with the law are better protected by this form of handling. Keyword: Protection; Original Papuan Children; Restorative Justice


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