scholarly journals Penal Mediation to Dissolve Discord among Peasants in Guilan (Iran)

2016 ◽  
Vol 9 (10) ◽  
pp. 187
Author(s):  
Seyedeh Fatemeh Seyed Saadat ◽  
Saeed Hakimiha
Keyword(s):  
Data Analysis ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Dissolution Process ◽  
Statistical Population ◽  
The Social ◽  
Spss Software ◽  
The Law ◽  
Guilan Province

Present research was accomplished to survey penal mediation role in dissolving discord among peasants in Guilan province of Iran. Restorative justice is to make all parties participate in discord dissolution process and to decriminalize it with tools like mediation. It is based on a principle in which no culprit is pursued and also it is planning to relief victim. The law of criminal procedure in Article 82, projects “mediation” subject in crime deterrent grades 6, 7, 8. These crimes usually are pardonable or at least private complainer pardon is effective in mitigation. This issue causes reduction of criminal files and also criminal costs. It facilitates the social revive of the criminal. Modern criminal justice believes that penal mediation as one of settlement methods should follow special regulations which guarantee criminal and victim rights. This research is presented in four sections. This research is practical and the method is descriptive - analytical. Statistical population is consisting of 160 persons from many different villages in Guilan province. In order to collect data, questionnaire was administered and data analysis was performed using SPSS software. In forth section of this research, considering related questions, we were after to prove hypotheses. Results showed that criminal mediation can be settled by meetings performed by elders of villages in Guilan province and it prevents fights and claim .As a new look of criminal justice, it can be used as an appropriate instrument for judiciary.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

From the Inside/Out

2011 ◽  
Vol 56 (7) ◽  
pp. 1037-1062 ◽  
Author(s):  
Aida Y. Hass ◽  
Caryn E. Saxon
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Social Dynamics ◽  
Prisoner Reentry ◽  
Comprehensive Approach ◽  
The Social ◽  
Attitudes And Perceptions ◽  
Rehabilitative Measures ◽  
Alternative Processes ◽  
Inside Out

The application of criminal justice sanctions is often misguided by a failure to recognize the need for a comprehensive approach in the transformation of offenders into law-abiding citizens. Restorative justice is a growing movement within criminal justice that recognizes the disconnect between offender rehabilitative measures and the social dynamics within which offender reentry takes place. By using restorative approaches to justice, what one hopes of these alternative processes is that the offenders become reconnected to the community and its values, something rarely seen in retributive models in which punishment is imposed and offenders can often experience further alienation from society. In this study, the authors wish to examine factors that contribute to failed prisoner reentry and reintegration and explore how restorative reintegration processes can address these factors as well as the needs, attitudes, and perceptions that help construct and maintain many of the obstacles and barriers returning inmates face when attempting to reintegrate into society.

scholarly journals URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Wisnu Mulyadi
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Judicial Process ◽  
The Press ◽  
The Supreme Court ◽  
The Law ◽  
Good Attitude

The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act

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 The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations

2020 ◽  
Vol 9 (2) ◽  
pp. 482
Author(s):  
Ebtisam Al-Saleh ◽  
Kefah Al-Soury ◽  
Hanan Al-Daher
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Islamic Law ◽  
Judicial System ◽  
The Self ◽  
Best Interests ◽  
Alternative Approach ◽  
Not Criminally Responsible ◽  
Criminal Reconciliation ◽  
The Law

The adoption of the restorative justice approach is more appropriate for the children in conflict with the law and more sensitive to achieving their best interests and rehabilitating them to facilitate their reintegration into society again  ( socializing ),  and to play a constructive role in the society,  and not to return to violating the law again,  unlike the traditional policy in the criminal justice,  which did not give the sufficient weight to the personal and objective circumstances of the child ,  and it focused on the punishment and criminalization for every wrongful act without looking at restorative  alternatives to the convicted child . The restorative justice, therefore, is an alternative approach to the ordinary criminal procedure in certain cases. The judicial system is not the only procedure that must address the phenomenon of children in conflict with the law in all cases.   In certain cases, it is better to conduct a dialogue and mediation between the perpetrators and the victims, with the aim of reaching to repair the harm and to rehabilitate the perpetrators (children) according to the measures outside the judicial system.  This is what Islamic Shari’a called fourteen centuries ago.  The Shari’a (Islamic Law) defined the criminal reconciliation and approved it as one of the most serious types of crimes against the self by the adult, as it has indicated.  According to the Shari’a, the juvenile, whether he is cognizant or not of, is not criminally responsible for the violations he commits nor a case will be filed against him and no penal action will be taken against him.

scholarly journals Model Penegakan Hukum Anak yang Berhadapan dengan Hukum dalam Proses Penyidikan

2015 ◽  
Vol 10 (2) ◽  
pp. 167
Author(s):  
Hamidah Abdurrachman ◽  
Fajar Ari Sudewo ◽  
Dyah Irma Permanasari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Criminal Court ◽  
Central Java ◽  
The Law ◽  
Pass Through

Upaya memberikan perlindungan terhadap Anak yang berhadapan dengan hukum dalam Sistem Peradilan Pidana Anak menunjukkan perkembangan yang sangat berarti. Selama ini terhadap anak yang berkonflik dengan hukum, ditangani secara umum seperti orang dewasa. Anak-anak tersebut melewati proses hukum tanpa ada pendampingan bahkan segera dilakukan upaya paksa berupa penangkapan dan penahanan sehingga anak mengalami putus sekolah. Undang-Undang No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak meletakkan fondasi perlindungan anak dengan pendekatan Keadilan Restoratif yaitu dalam penyelesaian perkara 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. Keadilan restoratif ini diwujudkan melalui Diversi yaitu pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses ke luar pengadilan pidana. Hasil penelitian ini menunjukkan bahwa di Jawa Tengah kasus anak yang berkonflik dengan hukum secara umum diselesaikan melalui jalur diversi dan sebagian lainnya diproses menggunakan berdasarkan KUHAP atau jalur pidana. Hal lainnya meskipun sudah menerapkan jalur diversi terhadap anak yang berkonflik dengan hukum namun belum ada keseragaman atau kesamaan model diversi sebagaimana yang diamanatkan di dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak.<br /><br /><br /><em>Efforts to provide protection against Children in conflict with the law in the Criminal Justice System Child shows a very significant development. During against children in conflict with the law, generally handled as an adult. These children pass through the legal process without immediate assistance even forceful measures in the form of arrest and detention so that children have dropped out of school. Law No. 11 Year 2012 on the Criminal Justice System Child laid the foundation of child protection approach Restorative Justice that in settling disputes involving offenders, victims, family offender/victim and other relevant parties to work together to find a fair settlement with the emphasis on restoring back to its original state and not retaliation. Restorative justice is realized through the transfer of settling disputes Diversion namely children from the criminal justice process to a process outside the criminal court. The results of this research showed that in Central Java case of children in conflict with the law are generally resolved through the diversion and some processed using by the Criminal Code or the criminal path. Another thing despite applying diversion path towards children in conflict with the law but there is no uniformity or sameness models of diversion as mandated in Law No. 11 Year 2012 on Child Criminal Justice System</em><br /><br />

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

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.

scholarly journals KEADILAN RESTORATIF DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA ANAK

2017 ◽  
Vol 4 (1) ◽  
pp. 57
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Recovery Process ◽  
The Public ◽  
Criminal Offenses ◽  
The Law ◽  
Court Proceedings ◽  
Perpetrators And Victims

Restorative justice in the settlement of cases of off-the-shelf criminal offenses emphasizing the rearation of the consequences caused by criminal acts by empowering the recovery process and the interests of all involved both perpetrators and victims, as well as the public. The caseresolution model outside the court proceedings is a method that is expected to be undertaken to protect the psychology of a child facing the law in the criminal justice system

scholarly journals Different Approaches to the Social and Psychological Support for Adolescents in Conflict with the Law: Russian and Foreign Experience

2014 ◽  
Vol 6 (3) ◽  
pp. 51-60
Author(s):  
A. Velikotskaya ◽  
A.V. Ivanova
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Restorative Justice ◽  
Support System ◽  
Psychological Support ◽  
Valuable Resource ◽  
The Social ◽  
State And Society ◽  
The Law ◽  
Effective Conditions

The article is devoted to the socio-psychological support and re-socialization of adolescents who are in conflict with the law. Effective conditions for social and psychological support and re-socialization of adolescents in the situation of the offense, according to the authors, is directly related to the response mechanisms of the state and society on juvenile delinquency. Therefore, this article focuses on the analysis of different ways to respond to juvenile delinquency in the Russian and foreign governmental systems. A separate section is devoted to the practice of restorative justice, which is implemented on the border of the legal, social, educational and psychological areas and is an important component of social and psychological support to the teenager in the situation of the offense and a valuable resource to support system and creating conditions for the re-socialization of juvenile offenders.

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