PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN PERKARA TINDAK PIDANA PENIPUAN DAN PENGGELAPAN DI POLRESTABES MEDAN (The Implementation of Restorative Justice in The Settlement of Criminal Crimes of Fraud and Embezzlement at the Polrestabes Medan)

In the implementation of restorative justice or settlement of cases outside the court, there are no longer any minor criminal cases, but also include cases such as humiliation, persecution, fraud and embezzlement, negligence resulting in injuries, unpleasant acts, even theft, and gambling. The ultimate goal of this restorative concept hopes to reduce the number of prisoners in prison; removing stigma or labels and returning criminals to normal human beings; criminals can realize their mistakes, so they do not repeat their actions and reduce the workload of the police, prosecutors, detention centers, courts, and correctional institutions; saving state finances does not cause resentment because the perpetrator has been forgiven by the victim, the victim quickly gets compensation; empowering the community in overcoming crime, and reintegrating criminals into society. The problems, namely: settlement through restorative justice eliminates criminal acts, or not. This research is normative legal research. The results showed that: Settlement of criminal cases of fraud and embezzlement through restorative justice does not eliminate criminal acts. It is recommended that the criminal policy for settlement of cases should be changed not to retaliate but to restore the losses incurred for the parties in litigation.

Means of communication and socio-legal aspects of interaction between subjects of religious-penitentiary space: the case of Muslims

The Constitutional and Legal Institute of Religious Freedom in the Penitentiary System is subordinated to and regulated by the rules established by the Federal Executive Body exercising law enforcement functions in the fi eld of execution of sentences (FSIN of Russia). Finding themselves isolated from society, ethnic and practising Muslims, sentenced to imprisonment, feel forced restrictions on the religious freedom. The time and place of Muslims who perform religious rites and rituals are regulated by the documents issued by the Ministry of Justice of Russia were outlined the internal regulations for correctional institutions. The state is entrusted with the duty to provide in prisons a special environment, which would enable the spiritual nourishment of Muslims, whose rights to freedom of religious life are supported by centralized Islamic religious organizations. The civil institutions exercise public control over this implementation. At the same time, the Russian State is increasingly interested in interacting with the main subjects of the religious and penitentiary space. Among them there are offi cial structures of the Islamic Ummah, sending educated imams and Islamic theologians for religious service in prisons, representatives of the Islamic expert community, also there are Public Councils on the problems of the penitentiary system under the Federal Penitentiary Service of Russia. The present author considers the activities of Muslim spiritual departments to provide prison libraries with religious literature (the Holy Quran and semantic translations, the Hadith of Prophet Muhammad, His biography, books on Islamic law) as well as the best examples of religious literature, which manifest the traditional values of Russian Islam and the imperatives of a positive socio-cultural environment to be the signifi cant means of communication in the religious-penitentiary environment.

POLA PEMBINAAN NARAPIDANA DI LAPAS KELAS II/B MUARA BUNGO BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995

Correctional institutions are organizations that have the same important duties and functions as other institutions in the Criminal Justice System, such as the Police, Prosecutors and Courts. The duties and functions of the Correctional Institution are to carry out guidance for prisoners and correctional students. The formulation of the problem in this research is what are the patterns, what are the obstacles and what are the efforts of the Class II/B Muara Bungo prison in conducting prisoner development based on Law Number 12 of 1995. The method used is descriptive qualitative. Informants in this study were all Penitentiary Class II/B Muara Bungo and all convicts and ex-convicts. With the number of informants as many as 12 people. The results of the study show that the pattern of fostering prisoners at the Class II/B Muara Bungo prison based on Law Number 12 of 1995 has been implemented well through spiritual development and independence. With the aim of building mental and spiritual as well as developing the potential, talents and interests of prisoners. The results of inmates coaching by the Class II/B Muara Bungo prison can also be said to be quite good because it has been able to improve the abilities and skills of prisoners in various fields of business and has been able to increase the obedience of the prisoners. However, the implementation has not been optimal due to limited facilities and infrastructure, human resources, and low awareness of prisoners to be able to do coaching. Efforts are being made to increase human resources, improve facilities and infrastructure and collaborate with the Bungo Regency Job Training Center, and provide motivation and understanding to prisoners about the importance of coaching programs.

PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW

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.

Food Service for Convicts in Correctional Institutions According to Laws and Regulations and Islamic Sharia

The rights of convicts as Indonesian citizens who lost their independence due to criminal acts must be carried out in accordance with human rights. One of them is the right to obtain adequate food and beverage services that meet nutritional and health standards in accordance with the provisions of laws and regulations. In addition, Islamic sharia (law) also regulates the rights of convicts to get good and halal food and drink. This requirement is an order from the Al-Quran and Hadith. The problem of this research is how to organize food according to the provisions of laws and regulations and the provisions of Islamic law. This research used sociological research method. According to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials. The secondary legal materials in this research consist of books, scientific journals, papers and scientific articles that can provide explanations of the primary legal materials. The results of the research found that in practice it was still found in Correctional Institutions that the rights of convicts had not been given in accordance with their rights as citizens. This is caused by several factors, including the lack of understanding of the regulations regarding the rights of convicts contained in the Law and sharia law by correctional Institution officers or even by the convicts themselves. Correctional officers need to be given dissemination regarding their obligation to provide food for convicts in accordance with laws and regulations.

The Urgency of Restorative Justice on Medical Dispute Resolution in Indonesia

Medical disputes in Indonesia are regulated by a host of laws. The important question that needs to be asked, however, is whether those laws have guaranteed justice for patients and doctors. This study aims to analyze the urgency of restorative justice in medical disputes. It explores secondary data and is normative legal research. The data was gathered through library research consisting of data collection activities based on several publications. This study focuses on legal principles with a doctrinal approach. It concludes that restorative justice is urgent to use in medical, criminal, and civil cases. This is evident in the will of the Health Law which prioritizes mediation as the first mechanism before being brought to trial. Furthermore, the use of restorative justice in medical dispute resolution is driven by the presence of three conditions: First is structural challenges among law enforcers and their limited capabilities in dealing with complex medical cases; Second is the condition of Indonesian correctional institutions which is overburdened and unable to provide maximum output, and the third is the relatively low number of Indonesian health workers. (Sengketa Medis di Indonesia telah diatur dalam beberapa peraturan perundang-undangan. Namun, pertanyaan penting yang perlu diajukan yaitu apakah peraturan yang ada telah menjamin kedilan bagi pasien dan dokter. Penelitian ini bertujuan untuk menganalisis urgensi prinsip keadilan restoratif dalam penyelesaian sengketa medis. Penelitian ini merupakan penelitian hukum normatif yang mengkaji data sekunder. Pengumpulan data dilakukan dengan studi pustaka (library research), yaitu kegiatan pengumpulan data yang berasal dari berbagai literatur. Penelitian ini fokus pada asas-asas hukum dengan pendekatan dokrinal. Kesimpulan dari penelitian ini adalah bahwa prinsip keadilan restoratif penting diterapkan dalam kasus medis, pidana, maupun perdata. Ini misalnya dapat dilihat dari i’tikad baik dalam Hukum Kesehatan yang mempriorotaskan mediasi sebagai mekanisme pertama sebelum dibawa ke pengadilan. Dalam konteks sengketa medis, prinsip keadilan restoratif menjadi urgen untuk diterapkan sedikitnya karena tiga hal; pertama adalah tantangan struktural di kalangan para penegak hukum serta kemampuan mereka yang terbatas dalam menghadapi kasus medis yang biasanya kompleks. Kedua, kondisi lembaga pemasyarakatan Indonesia yang over kapastias sehingga tidak mampu memberikan output yang maksimal; dan ketiga adalah jumlah tenaga kesehatan di Indonesia yang relatif rendah.

A Comparative Analysis of the Social Well-Being of a Person in the Conditions of Freedom and Isolation

The authors examine a complex of methods for identifying the emotional-evaluative attitude of individuals to the social reality and their place in it in the conditions of freedom and isolation. Using the research results and the analysis of practical experience, they describe psychological-pedagogical means and methods that improve the reserve resources of the human body, which leads to positive changes in forming a favorable social well-being and correction of inmates in the conditions of isolation. Special attention is paid to the interactions of employees of the departments of social educational work and psychological labs with inmates in correctional institutions. The authors single out the following methods leading to favorable results in the work of the abovementioned departments: individual and group discussions, doll therapy, use of metaphor (association) cards, psychocorrection, Rokic’s methodology, constitutive method in the form of testing for suicidal tendencies. An important component in the work with the suspects, the accused, and the convicted persons is changing their moral orientations, development of a law-abiding mindset and orientation towards correction (rehabilitation). Criminals can be broken into three groups. The first group is comprised of those who can be successfully rehabilitated, it includes persons with views and convictions which agree with the norms of social community who committed crimes though negligence. The second group includes those who can be rehabilitated, these are individuals with essentially unstable views and convictions. The third group is made up of inmates whose rehabilitation is hardly possible. In this case, the main task of the social education worker consists in using the positive qualities of the convict’s personality to provoke a conflict between the positive and the negative, and the task of the psychologists is to provide psychological support for the person.

The Influence of Human Resources and Infrastructure on Service Process and Service Quality

This study analyzes human resources and infrastructure on the service process and service quality at Class IIA Correctional Institutions in Gowa Regency. The research design and approach used is an explanatory approach with quantitative methods. The research method used is Path Analysis, for the sample in this study were all employees totaling 116 employees. The results showed that: 1) Human resources had a positive and significant effect on the service process; 2) facilities have a positive and significant impact on the service process; 3) Human resources have a positive and significant impact on service quality: 4) Infrastructure facilities have a positive and significant effect on service quality; 5) The service process has a positive and significant impact on service quality; 6) Human resources have a positive and significant impact on service processes and service quality; 7) Infrastructure has a positive and significant effect on service processes and service quality.