scholarly journals Optimizing Community Research Report Function at The Prosecution Stage Under the Juvenile Court

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Rina Mariana ◽  
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Social Research ◽  
Juvenile Court ◽  
Secondary Data ◽  
Community Research ◽  
Research Report ◽  
Juvenile Delinquent ◽  
Criminal Cases ◽  
The Social

The establishment of Law No. 11 of 2012 on the Juvenile Criminal Justice System was driven by two aspects, those are restorative justice and the diversion attempt. Those two things aims towards out of court settlement revolving around juvenile criminal cases, as well as recovering losses suffered by victims and rehabilitating the juvenile delinquent. Child imprisinment is only used as the last resort. Therefore, it is quite reasonable to consider Litmas recommendation of not imprisoning children. However, this may not always be the case. This paper will then analyze the reasoning on why there still many recommendations from Bapas Community Advisors in the social research reports that are not considered during the prosecution process. This requires9psearch is a normative research completed by analyzing secondary data. This study explains that there are still many recommendations in Litmas that are not considered at the prosecution stage.

scholarly journals Decision Making in the Process against Children Diversion Dealing with the Law Has not Aged 12 Years

2019 ◽  
Vol 7 (07) ◽  
Author(s):  
I Pande Ketut Arya Yarsita ◽  
Rodliyah ◽  
RR. Cahyowati
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Social Research ◽  
Best Interests ◽  
District Court ◽  
Research Report ◽  
The Social ◽  
Law Enforcement Officials ◽  
The Law

This study aims to examine and analyze the concept of decision making in the diversion process for children facing the law who are not yet 12 years old; and law enforcement decision making in the diversion process for children who are faced with a law that is not yet 12 years old (Study of the Chairperson of the Mataram District Court Number: 22/Pen.Div/2017/PN Mtr). The concept of decision making in the diversion process for children facing the law that is not yet 12 years old is the judge in imposing sanctions for children considering recommendations in the social research report made by community counselors to express and find data and information objectively about the development and background of life children from various sociological, psychological and other aspects while still paying attention to the best interests of the child. Law enforcement of decision making in the diversion process against children who are faced with a law that is not yet 12 years old emphasizes restorative justice which is the goal in the implementation of the diversion of cases of children facing the law. Law enforcement officials both Investigators, Community Guidance and Professional Social Workers conduct deliberations to reach a decision based on restorative justice that prioritizes the best interests of children.

scholarly journals Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 592
Author(s):  
Ahmad Zulfikar
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Police Chief ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
National Police

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.

scholarly journals Implementation of the Role of Social Research Report in the Juvenile Criminal Justice System

2021 ◽  
Author(s):  
Henny Susilowati ◽  
Wiwit Ariyani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Social Research ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Research Report ◽  
The Law

Children as members of the next generation need to be protected. In the juvenile justice system, children are entitled to legal protection, both in the context of their position as children in conflict with the law (i.e. as criminals) and as victims or witnesses of crime. The laws of the Juvenile Criminal Justice System have been arranged to require the judge to consider the Social Research Report (SRR) given by community advisors before the verdict. The purpose of the study is to explain the benefits of Social Research Reports for children in conflict with the law and the constraints faced in preparing them. The experiment was conducted using an empirical juridical approach by promoting the use of primary data and was supported by secondary data. Based on the results of data analysis, it can be concluded that SRR preparation is very beneficial for children in conflict with the law. It contains conditions that explain the relationship between the condition of the offender and the committed criminal act so that it can be the basis of consideration for law enforcement officers in making the best decision for the children. Keywords: Social Research Report (SRR), Community Advisors (CA), children in conflict with the law

scholarly journals MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK (Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto)

2009 ◽  
Vol 9 (3) ◽  
Author(s):  
Angkasa Angkasa ◽  
Saryono Hanadi ◽  
Muhammad Budi Setyadi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Police Department ◽  
Justice Model ◽  
Article 5 ◽  
Mediation Practice

Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system  in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18  Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

DIVERSI CONCEPT IN COMPLETION OF CHILDREN'S CRIMINAL CASE

2019 ◽  
Vol 11 (1) ◽  
pp. 73-89
Author(s):  
Nisfawati Laili Jalilah
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Community Service ◽  
Child Protection ◽  
Justice System ◽  
Educational Institution ◽  
Negative Influence ◽  
District Courts ◽  
Criminal Cases ◽  
Judicial Process

Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate optimally by human dignity and dignity, and get protection from violence and discrimination. Related to this, in resolving child criminal cases, the Criminal Justice Act (UUPPA) emphasizes that the concept of Restorative Justice or Diversity must be used, namely the transfer or transfer of the judicial process to an alternative process of settlement of the case, namely through deliberation or mediation. The purpose of diversion is to prevent children from detention, avoiding labeling children as criminals, preventing the repetition of criminal acts committed by children, so that children are responsible for their actions, carrying out interventions needed for victims and children without having to go through a formal process. Avoiding children from following the justice system process, and keep children from the negative influence and implications of the justice process.Implementation of application of diversion in the juvenile criminal justice system is carried out at the level of investigation, prosecution, and case examination in district courts. The diversion process is carried out through deliberation by involving children and their parents/guardians, social counselors, and professional social workers based on a restorative justice approach. The results of the Diversion agreement can take the form of, inter alia; peace with or without compensation, restitution in the event of a victim, medical and psychosocial rehabilitation, participation in education or training at an educational institution or LPKS no later than 3 (three) months; or community service for a maximum of 3 (three) months.

scholarly journals Restorative Justice Pedagogy in the ESL Classroom: Creating a Caring Environment to Support Refugee Students

2017 ◽  
pp. 86-96 ◽  
Author(s):  
Greg Ogilvie ◽  
David Fuller
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Community Building ◽  
Syrian Refugees ◽  
Academic Needs ◽  
Student Needs ◽  
Refugee Students ◽  
The Social ◽  
Langue Seconde ◽  
Esl Classroom

For many years the Canadian government has been committed to resettling refugees. Recently, this commitment has been expanded, as more than 25,000 Syrian refugees have been admitted into Canada. As refugee students struggle to adapt to a new environment, English as a second language (ESL) educators are called upon to play a significant role in the resettlement process. A ending to the social as well as academic needs of students requires educators to alter the pedagogical approach adopted. Restorative justice pedagogy provides a framework for a ending to these needs by transforming ESL classrooms into safe and caring environments. This article will trace the origins of the restorative movement to the criminal justice system and outline how restorative principles have been applied to school discipline. It will then articulate how these principles could be applied to the ESL classroom to identify student needs and begin the process of healing and community building. Finally, the article will conclude with an example of how restorative justice pedagogy has been applied in a Canadian high school with refugee students. Le gouvernement canadien est engagé à la réinstallation de réfugiés depuis plusieurs années. Cet engagement a récemment été élargi et 25 000 réfugiés syriens ont été admis au Canada. Les élèves réfugiés se lu ent pour s’adapter à leur nouvel environnement et les enseignants d’anglais langue seconde sont appelés à jouer un rôle important dans le processus de réinstallation. Répondre aux besoins sociaux et académiques des élèves exige que les enseignants modi ent leur approche pédagogique. La pédagogie de la justice réparatrice o re un cadre pour adresser ses besoins en transformant les classes d’ALS en milieux surs et accueillants. Cet article retrace les origines du mouvement de la justice réparatrice dans le système de justice pénale et décrit l’application de ces principes à la discipline scolaire. Par la suite, l’article explique dans quelle mesure les principes peuvent être mis en œuvre dans les cours d’ALS pour identifier les besoins des élèves et amorcer le processus de guérison et de développement communautaire. Finalement, un exemple de l’application de la pédagogie de la justice réparatrice auprès d’élèves réfugiés dans une école secondaire au Canada vient conclure l’article. 

Balanced Approach and Restorative Justice Efforts in Allegheny County, Pennsylvania

2001 ◽  
Vol 81 (2) ◽  
pp. 187-205 ◽  
Author(s):  
RONALD J. SEYKO
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Special Session ◽  
Court System ◽  
Allegheny County ◽  
Juvenile Probation ◽  
Balanced Approach

On November 17, 1995, the governor of Pennsylvania signed into law Special Session Act 33 of 1995, which redefined the purpose of Pennsylvania's juvenile justice system to incorporate the principles of the Balanced Approach and Restorative Justice (BARJ) philosophy. This article describes the genesis of the new law, explains the BARJ model, and illustrates the effect that the law is having on the juvenile court system in Allegheny County. The article specifically focuses on the numerous projects that the Allegheny County juvenile probation department has instituted to meet the BARJ obligation.

Moving beyond Boundaries: Restorative Justice and Reconciliation as Complementary Paths in Peacemaking

2007 ◽  
Vol 104 (3) ◽  
pp. 579-587
Author(s):  
Ryan Hollon
Keyword(s):  
Young People ◽  
Restorative Justice ◽  
Justice System ◽  
Alternative Futures ◽  
The Social ◽  
Shared Commitment ◽  
The Relationship

Drawing on the social gospel's implications for how we make peace and pursue justice in America today, this article examines the relationship between reconciliation and grassroots approaches to restorative justice. With a focus on Chicago's emerging restorative justice movement, it looks at practices and programs that offer alternative futures to those young people most impacted by a punitive justice system gone wild. The article concludes that peacemaking calls on us to operationalize our awareness of human interconnectedness. Restorative justice and reconciliation are posited as distinct peacemaking approaches with a shared commitment to ending cycles of violence and wrongdoing. Emphasizing love and forgiveness, reconciliation is revealed as a powerful project of reclaiming our unions and bonds.

scholarly journals Peran Pembimbing Kemasyarakatan Sebagai Pertimbangan Hakim dalam Penjatuhan Putusan pada Anak yang Berhadapan dengan Hukum

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 177
Author(s):  
Muhammad Badri
Keyword(s):  
Data Analysis ◽  
Social Research ◽  
Research Literature ◽  
Community Research ◽  
Literature Study ◽  
Legal Research ◽  
Analysis Technique ◽  
The Social ◽  
Qualitative Descriptive

This study aims to determine the role of social advisers as a judge's consideration in making decisions on those who are dealing with the law. This research is a normative legal research. Literature study methods such as law. This data analysis technique uses a qualitative descriptive technique. The results showed that the social adviser from the Correctional Center (BAPAS) has an important role for the suspect or defendant, namely children in the trial process, namely accompanying children and then conveying the results of social research to the judge. Community research reports are used for the purposes of investigation, prosecution and trial in cases involving children for judges in making their decisions.

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