scholarly journals Pelaksanaan Proses Peradilan Dan Pemenuhan Hak Dalam Perlindungan Hukum Bagi Anak ( Menurut UU No. 11 Tahun 2012 )

2020 ◽  
Vol 24 (1) ◽  
pp. 21-40
Author(s):  
Muhammad Surya Adi Wibowo
Keyword(s):  
Criminal Justice ◽  
Public Prosecutor ◽  
Judicial Process ◽  
Face To Face ◽  
The Public ◽  
Knowledge Of God ◽  
Criminal Justice Systems ◽  
Legal Adviser ◽  
Law Enforcement Officials ◽  
Judicial Proceedings

  The purpose of this study is to find how the judicial proceedings for violations of the proven to have committed a criminal justice and criminal justice be face to face with the process , and what of sanctions and the protection laws will be provided to hak-hak children according to statute number 11 years 2012 about the criminal justice systems . By using the method of juridical normative , hence writers can conclude: 1 .The judicial process given to children is: trial should be done behind closed doors and decisions are openly to the public , investigators , the public prosecutor , the judge and legal adviser in conducting its function as law enforcement officials by not using dress uniform or bertoga; single presided over by a magistrate a trial, The judge spirit keeps the matter hidden blast of judgment and by the son was of a judge that are specially emphasised in the program of a justice of the woman who man having knowledge of god on the issue on psychiatric; the implementation of the son of due to go on trial the match will be held on the day there is a special levy; in the process of the trial the children must be accompanied by central on the part of parents .Was not allowed to be was covered by the reporters before those who surrender decisions which are carried out by the prosecutor and judges , have to being read the report a social worker who had been given authority and a court of law to scrutinize the conduct and the condition of residents such a child . 2. Protection laws against children s rights had received the very criminal according to a system and criminal justice , as for him who is the son of in the hour of the detention and placed in an institution the deployment of the son of while ( LPKS ) and institutions for the special building the son of ( LPKA ) , the kid for cancer and asked to undergo an incident in which she prior to taking over leadership of nought of the fulfilment of rudimentary living in the treatment of health and human services by the officers , have been able to take education and training as well as coaching and provide assistance , and in conjunction with adequate in accordance with the regulations statute .

Victim Participation in Proceedings and Sentencing in Europe

1994 ◽  
Vol 3 (1-2) ◽  
pp. 57-67 ◽  
Author(s):  
Matti Joutsen
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Point Of View ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Criminal Justice Systems ◽  
Victim Participation ◽  
Justice Systems

The article reviews the different ways in which victims can influence the course and outcome of criminal proceedings in different European criminal justice systems. The range is from some jurisdictions (such as Greece, the Netherlands and Portugal) where the victim can appear only in the capacity as witness, to others (such as Finland) where there is a general right to prosecute. Even in the systems providing victims with the greatest opportunity for participation, the victim in practice generally leaves prosecution to the public prosecutor. The article concludes by arguing that no one system is ideal from the point of view of the victim.

scholarly journals The Problematics of the Implementation of the Dominus Litis

2020 ◽  
Vol 3 (4) ◽  
pp. 2986-2993
Author(s):  
Muhammad Yusni
Keyword(s):  
Criminal Justice ◽  
Low Cost ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Slow Process ◽  
Criminal Cases ◽  
Judicial Process ◽  
The Public ◽  
Case Files ◽  
Eligibility Standards

Public prosecutors have the authority to control criminal cases, examine the results of investigators' examinations, or filter case files regarding the completeness of requirements and eligibility standards to be delegated to court. This principle is called dominus litis. Etymologically dominus (Latin), which means owner, litis means case or lawsuit. In this context, the public prosecutor as dominus litis is the owner of a criminal case submitted to the court for trial. The problem of applying the dominus litis principle from the perspective of the prosecutor's office raises many problems, which can hinder a simple, fast, and low cost judicial process. The back and forth of criminal case files between public prosecutors and investigators is not a strange thing in this context, the slow process of criminal justice is protracted, tiring, and even unclear, and creates injustice for justice seekers, and so on.

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

“Visible” and “Invisible” Victims in the Criminal Justice System

2021 ◽  
pp. 1-23
Author(s):  
Armando Saponaro
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Public Prosecutor ◽  
Law System ◽  
The Public ◽  
The United Kingdom ◽  
Victim Impact Statement

This chapter outlines the “conflict” and “peace-keeping” victim-oriented justice paradigms. The latter empowers the victims of crime, putting them at the center of an encounter and using interindividual mediation or collective circles to address conflict resolution. Two models are critically discussed in the conflict victim-oriented justice paradigm. The European continental “visible victim” model structures the role of the victim as a full-fledged processual party together with the public prosecutor and offender. In this model, the victim has the same rights and powers of the defendant. The “invisible victim” common law model views the victim as a trial witness, participating, for example, through a victim impact statement (in the United States) or victim personal statement (in the United Kingdom) at the sentencing stage. The visible victim conflict paradigm model enhances a victim's role and involvement in the criminal justice system, offering a solution to existing controversial and critical common law system issues.

scholarly journals AKIBAT HUKUM TERHADAP PUTUSAN BEBAS (VRIJSPRAAK) BAGI WARGA NEGARA ASING (Studi Putusan Pengadilan Negeri Denpasar Nomor 748/Pid.Sus/2016/PN DPS)

2018 ◽  
Vol 6 (3) ◽  
pp. 323
Author(s):  
Ida Ayu Nyoman Sri Candra Purnami
Keyword(s):  
Positive Impact ◽  
District Court ◽  
Public Prosecutor ◽  
Judicial Process ◽  
Legal Cases ◽  
The Public ◽  
Criminal Procedure Law ◽  
The Republic ◽  
Legal Immigration ◽  
Legal Consequences

The high flow of globalization and the easiness of obtaining visas for foreign citizens can increase the income of a country engaged in tourism. This phenomenon does not always have a positive impact for the country of Indonesia because many foreigners were found residing in the territory of Indonesia without having a valid and legal immigration stay permit. Many of these foreign citizens were convicted legal cases in Indonesia, it is therefore necessary to study the legal consequences of the free judgment for the foreign citizens. This study was conducted to examine the legal basis for the imposition of free judgment against foreign citizens and the implementation of the Denpasar District Court Decision Number 748/Pid.Sus/2016/PN DPS on the free judgment against a foreign citizen. This study is an empirical juridical study that examines the legal consequences caused after the abolition of free judgment on foreigner (Case study of Denpasar District Court No. 748/ Pid.Sus / 2016 / PN DPS). Based on the result of this study, was found that according to Law Number 8 Year 1981 regarding Criminal Procedure Law and law of the republic of Indonesia Number 6 Year 2011 on Immigration, foreigners who live in the territory of the Republic of Indonesia who do not have a valid and legal immigration stay permit can be given immigration administrative action in the form of detention. Whereas foreign citizens who are secured and still hold immigration stay permit until the completion of the judicial process and  given free judgment, the foreigners may remain in the territory of the Republic of Indonesia until the validity period of their stay permit expires. Meanwhile, for foreign citizens who have been subjected to free judgment and still hold immigration permit, the Public Prosecutor may request the Immigration Civil Service Investigator to perform the act of detention to those foreign citizens. Tingginya arus globalisasi dan kemudahan memperoleh visa bagi warga negara asing dapat meningkatkan pendapatan suatu negara yang bergerak dalam bidang kepariwisataan. Fenomena ini tidak selalu berdampak positif bagi negara Indonesia karena banyak ditemukan orang asing yang berada di wilayah Indonesia tidak memiliki izin tinggal keimigrasian yang sah dan masih berlaku. Banyak  diantara warga negara asing tersebut tersandung kasus hukum di Negara Indonesia, sehingga perlu dikaji akibat hukum yang ditimbulkan atas Putusan Bebas bagi warga negara asing tersebut. Penelitian ini dilakukan untuk mengkaji dasar hukum penjatuhan putusan bebas terhadap warga negara asing dan pelaksanaan Putusan Pengadilan Negeri Denpasar Nomor 748/Pid.Sus/2016/PN DPS atas putusan bebas terhadap seorang warganegara asing. Penelitian ini merupakan penelitian yuridis empiris yang mengkaji akibat hukum yang ditimbulkan setelah dijatuhkannya Putusan Bebas terhadap orang asing (Studi kasus terhadap Pengadilan Negeri Denpasar Nomor 748/Pid.Sus/2016/PN DPS). Berdasarkan hasil penelitian ini ditemukan bahwa menurut Undang-Undang Nomor 8 Tahun 1981 Tentang Hukum Acara Pidana dan Undang-Undang Republik Indonesia Nomor 6 Tahun 2011 Tentang Keimigrasian, orang asing yang tinggal di wilayah Negara Republik Indonesia yang tidak memiliki izin tinggal keimigrasian yang sah dan berlaku dapat dilakukan Tindakan Administratif Keimigrasian berupa pendetensian.  Sedangkan warga negara asing yang saat diamankan dan hingga proses peradilan selesai masih memiliki izin tinggal keimigrasian dan dijatuhi putusan bebas, maka orang asing tersebut dapat tetap tinggal di wilayah Negara Republik Indonesia hingga masa berlaku izin tinggalnya habis. Sementara bagi orang warga negara asing yang telah dijatuhi putusan bebas dan masih memiliki izin tinggal keimigrasian namun oleh Penuntut Umum dilakukan upaya hukum kasasi, Penuntut Umum dapat meminta kepada Penyidik Pegawai Negeri Sipil Keimigrasian untuk melakukan tindakan pendetensian atas warga negara asing tersebut.

Public prosecutors in the Chinese criminal trial – courtroom discourse from the prosecution perspective

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Xin Fu
Keyword(s):  
Criminal Justice ◽  
Research Data ◽  
Criminal Proceedings ◽  
Case File ◽  
Republic Of China ◽  
The Public ◽  
Procedural Law ◽  
Criminal Justice Systems ◽  
Research Findings ◽  
Potential Impact

AbstractThe prosecutor is an influential party in criminal justice systems, and this is true also of China. But most literature on China concentrates on the trial and criminal defence with comparatively little attention paid to the prosecution perspective. In this article, I make use of research data collected through courtroom observations, case file analysis and interviews when the Criminal Procedural Law of the People’s Republic of China (hereinafter the “CPL 1996”) was still effective. Given that the CPL 1996 was revised in 2012, I updated the research data in early 2016. This paper focuses on the public prosecutors’ performance in the courtroom at the various stages of the process such as the courtroom investigation – production, examination and cross-examination of prosecution evidence, and courtroom debate; it analyzes both prosecution language and skills, and the court’s judgment. The paper also discusses the potential impact of the CPL 2012 on criminal prosecutions. The research findings show that prosecutors performed their responsibilities in the criminal proceedings whatever methods of questioning the defendant and evidence production are used; prosecutors tried their best to achieve the goal of conviction even with weak cases; and the decisions of the court mostly reflected the decisions of the procuratorate.

scholarly journals Converging Criminal Justice Systems: Guilty Pleas and the Public Interest

1997 ◽  
Vol 31 (1-3) ◽  
pp. 169-182 ◽  
Author(s):  
Abraham S. Goldstein
Keyword(s):  
Criminal Justice ◽  
Public Interest ◽  
Criminal Procedure ◽  
Legal Systems ◽  
Prosecutorial Discretion ◽  
The Public ◽  
Formal Systems ◽  
Criminal Justice Systems ◽  
Justice Systems

It is becoming increasingly apparent to criminal justice scholars that single theory models of criminal procedure — whether termed inquisitorial or adversarial — are being stretched beyond their capacity by the phenomena they are designed to control. Virtually everywhere, formal systems of charge and adjudication cannot possibly be enforced in accordance with the premises underlying them. There are simply too many offenses, too many offenders and too few resources to deal with them all. One result has been a steady movement towards a convergence of legal systems — towards borrowing from others those institutions and practices that offer some hope of relief.In this transnational effort to cope with system overload, two issues have emerged as more than ordinarily significant: The first is the desirability of abandoning the principle of obligatory prosecution, so common in Continental Europe, and turning instead to the exercise of prosecutorial discretion. The second is the question whether the ban on guilty pleas and plea bargains should be lifted, as in adversarial systems.

scholarly journals The State’s Economic Protection by the Criminal Justice System Corruption: A Case Study

2020 ◽  
Vol 16 (1) ◽  
pp. 59-69
Author(s):  
Kamri Ahmad ◽  
Hambali Thalib ◽  
Mursyid Muchtra
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Security ◽  
Public Prosecutor ◽  
The Public ◽  
The Supreme Court ◽  
Nickel Mining ◽  
Financial Losses

This study aims to identify efforts to protect the state's economic security through the criminal justice system in the case of nickel mining in Malapulu Block, Kabaena Island, Southeast Sulawesi, Indonesia. The Supreme Court has decided the case with decision number 2633 K/Pid/Sus/2018. This research was conducted with a qualitative approach through analysis of the description of the prosecutor's indictment and the judge's decision. The results obtained in the study show that the KPK Prosecutor made a mistake by withdrawing the appeal that had been made. This condition results in the lack of consideration made by judges in decision making. Secondly, legal experts do not provide a difference in the meaning of economic and financial losses for the state in judex factie and judex jurist. Third, the indictment by the public prosecutor has not described the form of crime committed as an extraordinary crime. Fourth, there is negligence in the corporate sentence.

OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN

2020 ◽  
Vol 6 (1) ◽  
pp. 213-236
Author(s):  
Yodi Nugraha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Public Interest ◽  
Justice System ◽  
Attorney General ◽  
Criminal Code ◽  
Comparative Approach ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
The Public

In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority.  This article discusses this authority to cease of terminate criminal prosecution in the name of public interest.  To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands.  A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.

Public Prosecutors in Criminal Investigations

2021 ◽  
pp. 2-34
Author(s):  
Stefano Ruggeri
Keyword(s):  
Criminal Justice ◽  
Dominant Role ◽  
New Technology ◽  
Fundamental Rights ◽  
Criminal Investigation ◽  
Public Prosecutor ◽  
Judicial Cooperation ◽  
Public Prosecution ◽  
The Public ◽  
European Court

The purpose of this study is to analyze how public prosecutors act in pre-trial inquiries, and, therefore, how criminal investigation leads to the institution and carrying out of public prosecution. In every model of fair criminal justice, the initiation of a criminal trial entails enormous human, organizational and financial costs, which explains the need for pre-trial investigations. The features and dynamics of pre-trial inquiries vary considerably, however. Some jurisdictions grant the public prosecutor the power to direct a criminal investigation. In those criminal justice systems that still rely on an investigative judge or magistrate, the judicial authority holds the dominant role in the pre-trial inquiry. Still others allow law enforcement agents to operate without direct supervision from prosecutors or judicial authorities. Recent years have witnessed the increasing worldwide use of intrusive measures of investigation, unprecedented because of their hidden nature or their reliance on new technology. Legislative regulations of new investigative techniques have strengthened the reach of public prosecutors. All this leads us to view the public prosecutor’s legal action in pre-trial inquiries in terms of public prosecution after investigations interfere with fundamental rights of the individuals charged with suspicion of guilt. The case-law of the European Court of Human Rights contributes to this view of the relationship between criminal investigation and public prosecution.The investigative powers of public prosecutors are further strengthened in the field of transnational criminal justice. Judicial cooperation in the EU area in recent years provides significant examples of this phenomenon, such as a new, wide-ranging instrument of transnational evidence-gathering, known as the European investigation order. This framework contributed to the enhancement of the investigative powers of public prosecutorial services within EU countries, by treating public prosecutors as judicial officers. The new European Public Prosecutor’s Office also increased the powers of prosecutorial services in member nations when they cooperate with the EPPO in transborder cases.

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