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Analytics

Jayantri Ribunu; Rafika Nur; Nur Insani

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The purpose of this writing is to identify, study and analyze procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System. In this paper the author uses the normative juridical method. In the conclusion of the discussion, children who are in conflict with the law are considered as legal subjects who are not competent and do not understand what they are doing. Investigation of child cases is carried out by investigators appointed by Decree of the Head of the Indonesian National Police or other officials appointed by the Head of the Indonesian National Police. If the Diversion succeeds in reaching an agreement, the Investigator will submit the Minutes of Diversion along with the Diversion Agreement to the head of the district court for stipulation. Meanwhile, if the Diversion process fails, the Investigator must continue the investigation and transfer the case to the Public Prosecutor by attaching the Minutes of Diversion and minutes of community research. Arrested children must be entrusted to the LPKS. The cost for each child placed in the LPKS is borne by the budget of the ministry that administers government affairs in the social sector. The role of diversion as an effort to protect the rights of children's rights is expected to solve the problems of children who are in conflict with the law. When a child is faced with a formal criminal justice process, it is certain that the child will lose his freedom. By diverting, the freedom of children is still guaranteed, and the deprivation of independence for them can be avoided. Diversion is a very meaningful effort to provide protection for children who are in conflict with the law so that they can fulfill the basic rights of children.

Andi Ines Audryana Bachtiar; Yana Indawati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Human trafficking is an organized crime that violates human rights relating to freedom, security and has the potential to use acts of violence against victims. This research uses empirical juridical research methods by examining a phenomenon that occurs in society associated with the applicable laws. The research was conducted to find out the law enforcement against the crime of trafficking in persons, the obstacles in the implementation of law enforcement, and how the police efforts as law enforcers who act to handle obstacles at the level of investigation and investigation. The results showed that law enforcement of trafficking in persons was dominated by trafficking in persons with sexual utilization and trafficking in Indonesian migrant workers. Case handling begins with a public report then submitted to the unit handling human trafficking cases for a series of investigations, investigations, and submission of files to the prosecutor's office. There are different methods in handling cases tailored to the needs of cases of trafficking in persons with sexual exploitation or exploitation and migrant workers. Based on the research, it is known that investigators find various obstacles caused by internal factors or the investigation process itself and external factors or from the community. Law enforcement is carried out with the aim of restoring the law itself so that evaluation is needed so that the handling of human trafficking crimes runs effectively.

Siti Nur Haliza; Zainudin Hasan; Shefa Rindya Yazhalina; Mela Yasa

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

In the current situation, the increase in murder cases is of great concern, especially with the development of technology, it also affects the ease of disseminating information which is then misused to track the location of the victim and suppress the victim with threats - threats that are not good related to the victim's purpose, namely to find out how the role of investigators to uncover murder cases that lose evidence and to find out the inhibiting factors of police investigators in carrying out the investigation process against the crime of murder. The research method used is normative legal research. The legal materials used are sourced from the literature. The types of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials is by document study. Analysis of legal materials using interpretation or interpretation. The results of the study indicate that the Criminal Acts of Murder and Removing Goods have been regulated in Article 338 of the Criminal Code that anyone who deliberately takes the life of another person, shall be punished for murder with a maximum imprisonment of 15 years, and Article 221 paragraph 1 number 2 of the Criminal Code, anyone who commits an act of covering up the criminal act committed, by destroying, removing and hiding evidence and evidence shall be punished with a maximum imprisonment of four years.