SciRepID - Scientific Publication Search

Publication Search

49,117 articles from 425 journals · 1,447 citations tracked

Showing 1-4 of 4

Analytics

Ainaya Nurhayati; Novita Setyoningrum

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The purpose of this study is to find out the settlement of this crime of theft by using the concept of Restorative Justice, as well as what are the considerations of the Police and Complainants in implementing this Restorative Justice against the perpetrators of the Teak Wood Theft Crime. The method used in this research is empirical juridical research which is the implementation of normative legal provisions in the form of (laws) as well as based on legal reality in society (empirical). The data used in this study are primary data and secondary data, primary data is data obtained from respondents through interviews, and secondary data is data obtained from books, journals, legislation, websites. The results of this study can be concluded that the crime of theft is an ordinary offense that can be resolved through discretionary Restorative Justice or decision-making carried out by the Police based on KAPOLRI regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice. By revoking the report from the complainant or peacefully from both parties, the Investigator then re-examines both the victim and the witness with a statement revoking the Minutes of Examination. The revocation resulted in the non-fulfillment of the elements of evidence, so that the Investigator could stop his investigation with the consideration of the victim and the Investigator. According to the data the author obtained from the Special Criminal Investigation Unit of the Blitar District Police, from 2021 to 2023 as of June there were 24 Illegal Logging cases at the Blitar District Police, and only 3 cases were resolved through Restorative Justice, with a percentage calculation of 12.5% ​​only . Even though Restorative Justice can be carried out, it must still meet the material and formal requirements based on the Chief of Police Regulation Number 8 of 2021, especially when it comes to the environment.

Achmad Maulana Fakhri; Roravianita Roravianita; Jenifer Otnie; Reza Fahrezi; Herli Antoni

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to analyze the application of diversion and restorative justice in criminal cases committed by minors. The application of diversion is examined in more depth about the obligation of every law enforcer to carry out a series of diversion processes in the police, prosecutor's office and up to the court. The implementation of diversion is something that must be done without exception in accordance with the provisions of Law No. 11/2012 concerning the Juvenile Criminal Justice System. The application of restorative justice seeks a benchmark for the extent to which it can be implemented by taking into account the authority possessed by the public prosecutor when the diversion process is not achieved and when the criminal case has entered the criminal justice process. The application of the termination of prosecution must be based on the applicable provisions and conditions contained in the Attorney General's Decree No. 15 of 2020. After conducting research on diversion and restorative justice, the only legal benefit of juvenile criminal cases is through the provision of punishment for a child who is a perpetrator of a criminal offense in accordance with the provisions of the laws and regulations concerning the juvenile criminal justice system.

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.

Ainul Azizah; I Gede Widhianan Suarda; Mardiyono Mardiyono

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

Restorative justice or better known as restorative justice in the development of schools of law and punishment in human civilization, where the state returns the ius ponale and ius poniendi mandates to the community within the framework of healing, recovery and recovery. Restorative justice is a concept of thinking that responds to the development of the criminal justice system by focusing on the need to involve actors, communities and victims as a social recovery step in social relations. The principle of restorative justice is one of the principles of law enforcement in resolving cases which can be used as an instrument of recovery and has been implemented by the supreme court in the form of policy implementation (Supreme Court Regulations and Supreme Court Circulars). Restorative justice is considered a model of modern punishment that is more humane than the retributive justice used in the current justice system. One of the applications of this is the termination of the prosecution process by the prosecutor.