USLUGE CENTARA ZA SOCIJALNI RAD U PRIMENI VASPITNIH NALOGA I U IZVRŠENjU KRIVIČNIH SANKCIJA IZREČENIH MALOLETNIM UČINIOCIMA KRIVIČNIH DELA

2021 ◽  
pp. 169-184
Author(s):  
Snežana Soković ◽  

The juvenile nature of the criminal offence perpetrator, due to its psychophysical characteristics, makes the phase of execution of criminal sanctions additionally delicate and very important and implies a system of execution based on special principles and special organization. The aim of this paper is to analyze the activities of the competent guardianship authorities, both in the phase of issuing educational orders and educational measures, and in the phase of their execution. The paper emphasizes that the realization of the "internal dynamics" of the system of educational measures, from the choice of a concrete measure to its suppression, with all intermediate modalities of cumulation, replacement and adjustment to changed execution conditions or achieved success, is made possible to the competent court through the cooperation with guardianship authorities. It is precisely in the field of application of educational measures, as the basic type of criminal sanctions for juvenile offenders, that the exceptional connection of the juvenile criminal justice system with the social protection system is most clearly seen.

2021 ◽  
Vol 10 (1) ◽  
pp. 65
Author(s):  
Rifqi Qowiyul Iman

This paper aims to describe the differences and the position of the legal rules for juvenile crimes between Qanun 6 of 2014 and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.  This research is descriptive qualitative research. The results show that Qanun Number 6 of 2014 also regulates criminal sanctions for children, which are normatively regulated in Law Number 11 of 2012. In addition, Qanun, as Aceh Islamic criminal law legalizes canning punishment for children, as well as the double-track system adopted by The Law of Juvenile Criminal Justice System is not explicitly accommodated in Qanun. Qanun at the level of a Regional Regulation is part of the hierarchy of laws and regulations that should be in line with what generally applies at the national level. Law Number 11 of 2006 is being the basis of the authority to make Qanun, as long as there is no court decision invalidates it, Qanun Number 6 of 2014, which is a derivative of Law Number 11 of 2006, can be declared as "lex specialis" of The Juvenile Criminal Justice System law which regulates child crime. However, it does not rule out the possibility that in the future, the judicial review of the article can be conducted.


Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 37-42 ◽  
Author(s):  
Alenka Selih

The paper presents the ways of introducing both material and procedural alternative measures into the criminal justice system of Slovenia from the beginning of 1990s, particularly into the Criminal Code and the Code of Criminal Procedure in 1995 (with the further amendments). That relates to both adult and juvenile offenders. Regarding implementation, the author emphasizes characteristics of the implementation of both groups of institutions; pays attention to the fact that procedural institutions are more important for prosecution of minor criminal offences; points out the importance of the personal factor that contributes to the implementation of new provisions; and gives an overview of the first experiment in the Slovenian judiciary related to that. The author gives an analysis of problems dealt with in the Slovenian doctrine and judicial practice in connection with alternative ways of proceeding; she points out, in particular, the imperfections of legal solutions; the unclear competences in implementation of alternative sanctions and problems resulting from such a situation.


2018 ◽  
Vol 43 (1) ◽  
pp. 30-34 ◽  
Author(s):  
Aidan Ricketts

Roadside drug testing regimes being implemented around Australia have been presented as essential for road safety but are compromised by significant policy incoherence. Prosecution based upon driving impairment has been replaced with prosecution based upon mere detection of a specified substance. The conflation of road safety and prohibition as the jurisprudential rationale for penalty by legislators is producing significant negative side effects for the criminal justice system and for the social legitimacy of the roadside testing process generally. Genuine impairment testing for drivers is important but it is not being achieved by the current procedures in place around Australia.


1979 ◽  
Vol 7 (2) ◽  
pp. 269-272
Author(s):  
Katherine Van Wormer

Sociologists have been involved in various aspects of the criminal justice system. The author examines the role of the sociologist in jury selection. Using as a background her involvement in a recent trial, she discusses the basic strategies involved in selecting a jury.


2021 ◽  
Vol 3 (1) ◽  
pp. 50-62
Author(s):  
Agatha Jumiati

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime 


2019 ◽  
Vol 5 (3) ◽  
pp. 21
Author(s):  
Jola Bode

Due to age and development stage, juveniles enjoy a special status in relation to adult persons. The status as a juvenile in the criminal field raises the request for treatment in accordance with the physical-psychic characteristics of the juvenile and his educational needs. The punishment system is an important component of the criminal justice system for juveniles. As such, it must respond to requests for a special treatment consistent with the personality of juveniles and individual education needs. This system should be oriented towards the goal of education and rehabilitation of the juvenile. In accordance with the international standards of juvenile justice and contemporary legislation, the Criminal Code of the Republic of Albania (CC) has sanctioned a number of rules that allow for special treatment for juveniles in the area of the punishment system. Despite the positive aspects, the provisions of the Code were insufficient in view of the requirements of international standards and the need for education and reintegration. The legal reform which also included the criminal justice system for juveniles brought a number of changes in the area of juvenile punishment system too. With the entry into force of the Juvenile Criminal Code (JCC) it was possible to establish a special and autonomous system of penalties applicable to juvenile offenders. The implementation of this system serves a friendly juvenile justice aimed at avoiding the negative effects of imprisonment and tends towards social rehabilitation and reintegration. This study discusses the novelties brought by JCC in terms of the meaning, classification and determination of juvenile sentence system and it will be reflected in relation to the challenges of the effective implementation of the provisions relating to the punishment system. Conclusions will also be drawn regarding the compliance of this system with the request for special treatment of juvenile perpetrators and the need for integration and reintegration.


2021 ◽  
Vol 9 (10) ◽  
pp. 252-260
Author(s):  
Eko Iswahyudi ◽  
◽  
I. Nyoman Nurjaya ◽  
Nurini Aprilianda ◽  
Bambang Sugiri ◽  
...  

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime. The purpose of this study was to analyze the construction of the regulation of children under the age of 12 in the Constitution of the Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System. This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the Construction of Regulations for Children under the Age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as Children in Conflict with the Law. There is a need for additional rules or amendments to the provisions of criminal sanctions for children, where criminal sanctions will be given to children aged at least 10 years, where these rules consist of basic criminal sanctions, such as community service or supervision, job training, coaching in institutions. This sanction is carried out by considering the rights of children as perpetrators, children as victims and children as witnesses who are underage, without eliminating the implementation of applicable legal obligations.


Cepalo ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 107-120
Author(s):  
Mashuril Anwar

Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.


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