scholarly journals CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON

2018 ◽  
Vol 2 (2) ◽  
pp. 144
Author(s):  
Frans Simangunsong

Cases of narcotics abuse are increasing. This is evidenced by the almost<br />daily press reports from newspapers and electronic media about smuggling, illegal<br />trade, arrests and detention related to the problem of narcotics abuse. The purpose of<br />narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and<br />is threatened with criminality. Criminal policy in an effort to control children as<br />perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on<br />children no later than 1/2 (one half) from the maximum threat of imprisonment for<br />adults. This means that the criminal threat for children who become narcotics couriers is<br />half of the criminal threats contained in the Narcotics Law. For children who become<br />couriers or narcotics brokers, they must be based on the mechanism stipulated in the<br />Child Protection Act and the Juvenile Justice System Law. Law enforcement for<br />perpetrators who are still under age, there is a special provision called diversion, namely<br />the transfer of settlement of child cases from criminal justice processes to processes<br />outside of criminal justice

2020 ◽  
Vol 7 (1) ◽  
pp. 14-26
Author(s):  
Brian Septiadi Daud ◽  
Irma Cahyaningtyas

The criminal justice system of children is very important in the effort to settle cases. Children are gifts of God that are entrusted to be cared for, guarded, and guided for a good future. In article 1 number 1 of Law no. 11 of 2012 states that what is meant by the juvenile justice system is the whole process of resolving cases of children dealing with the law from the investigation stage to the guidance stage after undergoing the crime. The aims of the study were to find out and analyze the juvenile justice system (SPPA) in conflict with the law and to examine the implementation of legal protection against children in conflict with the law based on Law Number 11 of 2012. The research method used to see the arrangement of this arrangement is juridical-normative legal research, this research is research that is attempted with the system reviewing applicable laws and regulations or applied to a particular legal case and concept. The method of collecting legal material with the document method is to collect library research contained in secondary legal materials, then analyzed deductively. The results of this study are to look at the process of the juvenile justice system based on subsystems, components, the process of achieving justice for restorative justice and the process of implementing child protection based on the applicable laws and regulations.  


2021 ◽  
Vol 1 (2) ◽  
pp. 149
Author(s):  
Zulita Anatasia

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.


2021 ◽  
pp. 001112872199934
Author(s):  
Jacqueline M. Chen ◽  
Adam D. Fine ◽  
Jasmine B. Norman ◽  
Paul J. Frick ◽  
Elizabeth Cauffman

Adults’ facial characteristics predict whether and how severely they are sentenced in the adult criminal justice system. We investigate whether characteristics of White and Latinx male youths’ faces predict the severity of their processing in the juvenile justice system. Among a sample of first-time offenders, despite no differences in the severity of their offenses, youth who were perceived by naïve observers as more dominant, less trustworthy, less healthy, and having darker skin were more likely to receive harsher sanctions. Thus, extralegal factors like appearance may bias legal decisions that place some youth at increased risk for more restrictive sanctioning. Our findings highlight the need for structured approaches to juvenile processing decisions that take youths’ appearance out of the picture.


2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.


2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Muhammad Irsyad Firdaus ◽  
Mahdi Adriansyah ◽  
Moh Jamaluddin ◽  
Irfan Sudarso Gultom ◽  
Nadya Fairuza

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


Author(s):  
Tom R. Tyler ◽  
Rick Trinkner

Chapter 9 discusses legal socialization within the juvenile justice system. Adolescence is a developmental period during which many young people have contact with legal authorities, primarily the police. These contacts involve high levels of discretion for law enforcement, and studies show the manner in which that discretion is exercised has strong consequences for the subsequent orientations that adolescents have toward the law as well as their later law-related behavior. In particular, adolescents react to how fairly the authorities treat them. Juvenile justice is a particularly contentious area of policy with many punitive practices advocated in spite of evidence that they do not build legitimacy or reduce crime. On the other hand, experiencing justice is shown to promote legitimacy and lower offending.


2015 ◽  
Vol 79 (3) ◽  
pp. 211-228 ◽  
Author(s):  
Zia Akhtar

The UK government has decided on a policy goal that is set out in the Criminal Justice and Courts Bill 2014. This goal is to invest in ‘Secure Colleges’, which are institutions planned to make young criminals ‘better citizens not better criminals’. The question is: What is the role of punishment: deterrence, incapacitation or rehabilitation? This article considers the juvenile justice system in Scotland with reference to the objectives set out in the Kilbrandon Report in 1964 and evaluates the perspective of early criminologists who state that offenders exercise a free choice in embarking on a life of crime. It is also evaluated in the light of those empirical studies that expose the harsh discipline and control in prisons as ‘oppressive’ and not likely to reform the offenders. The UK policy regarding young offenders underwent a change after the James Bulger murder in 1993 and became a deterrence-based approach. This has led to measures on both sides of the border which were retributive, such as the lowering of the age of criminal responsibility and the early intervention of probation services. This article considers the modern themes of juvenile justice and argues that the ‘Secure Colleges’ will be a corrective institution that should inculcate a more informed policy towards reintegration for the young offenders so that they emerge from the criminal justice system as improved citizens after completing their sentence.


Author(s):  
Hotto Lumban Gaol ◽  

Criminal liability is a necessary condition to impose a crime against a person who commits a crime, including a crime committed by a child which results in a fire. The problems that will be discussed in this study are related to how the criminal liability of children that causes fires and how the juvenile justice system is organized in Indonesia. The purpose of this study is to determine the criminal liability of children who cause fires and to determine the implementation of the juvenile justice system in Indonesia. The data collection technique in this research is using the library research method. While the analysis technique carried out on the legal materials that have been collected by the author will be done deductively. The results of this study indicate that if the child who commits the crime that resulted in the fire is 12 years old, then the child can be burdened with criminal liability. Furthermore, the implementation of the juvenile criminal justice system in Indonesia starts from the investigation stage to the guidance stage after serving a crime.


2020 ◽  
Vol 2 (2) ◽  
pp. 108-122
Author(s):  
Antonius Alexander Pilliang ◽  
Mahmud Muliadi ◽  
Marlina Marlina

In this research, the problem is whether the Child Criminal Justice System has given Justice to children as perpetrators of violent crime? How law enforcement efforts for children as perpetrators of violence by the Medan Municipal Police Department? How the application of justice principles for children as perpetrators of action Violence especially in Medan? The research method used is the normative juridical method, with the leper approach (library reseacrh) that collects the data source from literature literature. In this research used secondary data source that is by using primary, secondary and tertiary law materials. This research is discussed with qualitative approach that is finding problem which then analyzed with inductive system by using legal theories used. The results of this study indicate that the juvenile justice system contained in law number 11 of 2012 has provided justice for children as perpetrators of criminal acts, only in certain circumstances, the application of the criminal justice system does not provide legal certainty for the victims and the community. Law enforcement efforts for children as perpetrators of violent crime are by applying formal and material criminal law in accordance with the prevailing laws and regulations. The application of the principle of justice for children as perpetrators is adjusted to the position of cases that have been done by applying the criminal justice system of children, even in certain circumstances, the application of diversion in cases of violence perpetrated by the child may be enforced.


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