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Rahayu Kojongian

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article critically examines the implementation of Law No. 35 of 2014 on Child Protection in Indonesia, focusing specifically on the challenges and strategies for protecting the rights of street children, with a particular emphasis on the context of Kendari City. Using a normative legal and socio-legal research approach, combined with a criminological perspective on vulnerability and exploitation, this study analyzes the effectiveness of the existing legal framework, educational interventions, and social support mechanisms. Key findings reveal that despite a strong legal foundation, significant gaps remain in the practical fulfillment of street children's rights due to socio-economic determinants, inadequate resource allocation, and coordination complexities. The article highlights the crucial role of non-formal education and victim-centered approaches in addressing child criminal exploitation. Comparative insights from international standards, such as the UNCRC and restorative justice principles, underscore the challenges of universal implementation while offering pathways for improved protection. Recommendations include strengthening inter-agency collaboration, expanding tailored education programs, and fostering greater community engagement to ensure a more just and protective environment for all children.  

Yolla Veronica Sembiring; Yasmirah Mandasari Saragih; T. Riza Zarzani

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Extortion by illegal parking attendants is very troubling to the community, especially motorists, and law enforcement should be carried out. Based on the description above, the author is interested in making the problem a research entitled Restorative Justice as an Approach in Law Enforcement Against Perpetrators of Extortion Crimes. This journal aims to describe and analyze the factors that cause the crime of extortion and the role of restorative justice as a method of law enforcement against the perpetrators of the crime of extortion. The research method used in this study is empirical juridical research. There are several factors that cause the occurrence of extortion crimes, namely economic, environmental, educational, lack of supervision and law enforcement and lack of legal awareness in the community. The Medan Sunggal Police enforce the law through alternative or restorative justice. Restorative justice is the settlement of criminal cases by involving the perpetrator, the victim, the perpetrator/victim's family, and other related parties to jointly seek a fair settlement by emphasizing restoration to the original state, and not retaliation.

Anes Sefta Asmita

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Restorative Justice is an alternative dispute resolution outside of criminal penalties, in other words, it is resolved through familial means and also aims to repair the relationship between the perpetrator and the victim. Recently, the application of restorative justice has been found in the field, which has become the main basis for resolving criminal cases of rape committed by police officers by filing an appeal in the appellate court, so that the police officer who is the perpetrator of the rape, named Bripda Fauzan (FA), who was previously subjected to the sanction of dishonorable dismissal (PTDH) in the Police Ethics Code Commission session, was not dismissed on the grounds that the rape case was considered resolved after the perpetrator married the victim. However, some time after the appeal decision, the perpetrator was reported again for allegedly neglecting his wife, who is the victim of the rape he married, which will be further examined in this research regarding the cause of Bripda Fauzan (FA) leaving his wife. This study aims to provide a real view of the application of restorative justice as the main basis for resolving rape cases, the method used in this journal is a normative juridical research method with literature studies and looking at empirical facts in the field through news circulating on the Internet media regarding rape cases by police members who are considered to have been completed after marrying the victim. The settlement of rape cases carried out by police members with restorative justice has tarnished the credibility of police institutions that do not seem to understand the fatality of sexual violence cases with the application of restorative justice in cases that have a major impact.

Suyanto R. Sumarta; Azis Budianto

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to explore and reconstruct the legal protection policy for justice collaborators in corruption crimes in Indonesia. Although their existence is vital in combating corruption, many perpetrators are reluctant to come forward due to uncertainty in protection and the potential risks they face. Weaknesses in the existing policies, including a lack of transparency and adequate security guarantees, hinder perpetrators from collaborating with law enforcement. Therefore, this research identifies various challenges faced by justice collaborators and highlights the importance of comprehensive legal protection reform. This study offers recommendations for appropriate and effective legal protection efforts for justice collaborators in handling corruption cases. By analyzing protection practices in other countries and applying restorative justice principles, this research aims to provide solutions that not only protect justice collaborators but also enhance public trust in the justice system. It is hoped that the results of this research can contribute to formulating more effective and responsive policies to meet the protection needs of justice collaborators in Indonesia, encouraging more perpetrators to bravely come forward in the fight against corruption.

Ryan Fadli Siregar; Yasmirah Mandasari Saragih; Fauzan Fauzan; Putriani Nduru; Ibrahim Ibrahim

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Children are the future generation of the nation that must be protected, especially when dealing with the law. Law enforcement against perpetrators of drug abuse crimes committed by children has been effective. Drug abuse has a very bad impact on the continuity of a nation's generation. To anticipate this, cooperation is needed from all components of society, such as families, from school to university level, and the government must unite in efforts to prevent narcotics in the surrounding environment. Using the perspective of Law Number 35 of 2009, this study attempts to analyze how narcotics crimes committed by children are prosecuted legally. Drug abuse is a serious crime that can endanger the security and sovereignty of the state, as well as the growth and future of the state, according to a normative legal approach that includes analysis of laws and regulations and previous events. Illegal drug use is prohibited, according to Law Number 35 of 2009. Research findings show that, despite the need for legal action against children who use drugs, the juvenile criminal justice system uses Restorative Justice strategies along with the concept of diversion to protect children from stigma.

Erva Yunita; Handar Subhandi Bakhtiar

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The author in writing raised the case on Decision Number: 9/Pid.Sus.A/2019/PN.Bkl, where the defendant Ropik Bin Sukkur was found guilty of committing the crime of theft of a blue and white Beat motorcycle for his actions, the defendant was sentenced to 3 (three) years. three) months and did not get a diversion attempt. For this reason, the author will examine how the criminal imposition of criminal acts of theft of article 363 of the Criminal Code committed by minors in terms of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and how the judge's considerations in imposing a crime against the perpetrators of the crime of theft of article 363 of the Criminal Code in terms of the perspective of restorative justice, the research method used in this author is the normative juridical method of library law research carried out by researching library materials or secondary data, sentencing refers to the theory of relative punishment where the purpose of sentencing is as a means of improvement for the accused. itself, while the judge's considerations refer to two aspects, namely juridical and non-juridical aspects, juridical aspects refer to Article 362 of the Criminal Code and noin juridical refers to mitigating and aggravating matters.

Alya Deswitha Martha; M Fariz Raya Reswara; Muhammad Rais Aji Aras Kurniawan; Shophie Aulia Mumtazah; Tifany Putri Shaori +1 more

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Correctional institutions are very important in the Indonesian criminal justice system. Here, prisoners receive education and training to reintegrate into society. They still have the same basic rights. This concept evolved from the changing values and goals of the criminal justice system. Indonesia is transitioning to restorative justice to transform prisoners into mentally and physically healthy individuals, who can contribute to society. The protection of the basic rights of prisoners is an obligation in every correctional institution. This is not only because it is a human right of prisoners, but it is also regulated in the Corrections Act. Furthermore, the realization of these basic rights can help the education and development process of prisoners in correctional institutions.

Boy Dippu Tua Simbolon; Kezia Thasa Emteta Karina Bangun; Reh Bungana Br PA; Maulana Ibrahim

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

The concept of criminal responsibility in national criminal law is the main basis for determining sanctions or punishment for violations of criminal law. In the future era, criminal responsibility is expected to continue to develop and adapt to developments in society, technology and existing legal values. In facing the future, the concept of criminal responsibility is expected to become more progressive, fair and in line with the demands of social justice. Improving the quality of punishment and the effectiveness of the criminal justice system needs to be the main focus, taking into account the principles of human rights, protection of minorities and restorative justice. In addition, the importance of a preventive approach in national criminal law will be increasingly emphasized. Efforts to prevent criminal acts through education, rehabilitation and community empowerment are expected to reduce crime rates and create a safer environment. In the context of globalization, collaboration between countries in tackling cross-border crime needs to be strengthened. International agreements on extradition, exchange of information, and harmonization of criminal law can be strategic steps to increase the effectiveness of law enforcement. By updating the concept of criminal responsibility in national criminal law, it is hoped that a legal system that is adaptive, responsive and can better respond to future challenges can be created. In this way, security and justice in society can be more optimally maintained, in line with the main objective of criminal law to create order and protection for all citizens.  

Nur Sri Maryam DM

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Customary law existed long before Indonesia became independent. This system is a reflection of the noble values ​​believed in by indigenous peoples, such as mutual cooperation, kinship and respect for others. This research aims to analyze the principles of customary law that can be integrated into the formal justice system to support the development of a restorative justice system in Indonesia and the main challenges faced in implementing customary law as part of the restorative justice system in Indonesia and how to overcome them. The research method uses normative research methods and secondary data. Integration of customary law principles into the formal justice system can be done in various ways, such as adopting restorative principles, building hybrid models, increasing recognition of legality, involving communities, aligning with human rights, and applying local approaches in certain cases. The implementation of customary law as part of the restorative justice system in Indonesia faces various challenges, but with a strategic and adaptive approach, these challenges can be overcome.

Jordan Jordan; Basuki Basuki; Ahmad Fitrian

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Law enforcement against perpetrators of sexual intercourse committed by children is a complex issue that requires a balance between aspects of justice, protection, and rehabilitation. Children as perpetrators of criminal acts are in a unique position because of their status as legally and psychologically immature individuals. This study aims to analyze the law enforcement process against children involved in sexual intercourse, including the application of sanctions that are in line with the principles of restorative justice and the protection of children's rights. The research method used is normative juridical with a legal approach and case studies. The results of the study show that the juvenile criminal justice system in Indonesia refers to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which emphasizes a diversion approach and non-criminal efforts in resolving children's cases. However, there are obstacles in implementation due to limited resources, understanding of law enforcement, and social stigma attached to child perpetrators. This study recommends increasing training for law enforcement, strengthening psychological assistance mechanisms, and developing comprehensive rehabilitation programs. Thus, law enforcement against children who commit sexual intercourse crimes must consider the balance between strict law enforcement and the protection of children's rights, so that the goals of social reintegration and rehabilitation can be achieved optimally.

Lucia Sandoval; Carlos Velasquez

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study evaluates the effectiveness of restorative justice approaches in reducing recidivism among offenders. By examining case studies and statistical data from restorative programs across various countries, the article assesses the impact of restorative justice on offender rehabilitation, victim satisfaction, and community healing. Findings suggest that while restorative justice can significantly reduce re-offense rates for certain crimes, its success depends on structured implementation and societal support for alternative justice methods. This paper highlights the potential of restorative justice to address the root causes of crime, fostering positive outcomes for offenders, victims, and communities.

Apriyansa Pranata Ayuba

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This research aims to determine whether the implementation of restorative justice is effective in resolving cases of criminal acts of abuse in the North Gorontalo Resort Police and to find out what obstacle factors cause the implementation of restorative justice in the North Gorontalo Resort Police to be ineffective. The type of research used is legal research. empirical. The research results show that (1) the ineffectiveness of the implementation of restorative justice in resolving cases of criminal abuse at the North Gorontalo Police Department. (2) The limited number of investigators has an impact on performance in implementing restorative justice, apart from that, remote location is also an inhibiting factor because it takes time and money.

Kurnia Tanu Putra; Devina Chandra; Lioni Anggraini; Muhamad Bintang Guntoro; Fernando Lim +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study compares the recovery systems for victims of psychosocial violence and traffic accidents from the perspective of Unlawful Acts (PMH) in Indonesia and Malaysia. Using library research, this study analyzes the legal framework, institutions, and social and psychological approaches used by both countries to support the victim recovery process. In Indonesia, the victim recovery system is still oriented towards material compensation and administrative settlements, with limited recognition of immaterial losses such as trauma and psychological disorders. In contrast, Malaysia has developed a victim-centered justice approach that positions victims as the subject of recovery, through regulations such as the Domestic Violence Act 1994 (Amendment 2017), the Road Transport Act 1987, and compensation mechanisms through the Motor Insurers’ Bureau of Malaysia (MIB) and the Victim Compensation Fund. This approach comprehensively integrates legal, social, and psychological recovery, including free counseling services through the One Stop Crisis Center (OSCC) and Talian Kasih 15999. The study's findings indicate that Malaysia has moved toward a holistic human recovery paradigm, while Indonesia still needs to strengthen its victim recovery system by addressing the psychological and social dimensions to align with the principles of restorative justice.

Tagor Aruan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study examines the strengthening of the ultimum remedium principle in handling corporate crimes as part of a more proportional, efficient, and equitable criminal justice system reform. The ultimum remedium principle views criminal law as a last resort, used after other legal mechanisms, such as administrative resolution, mediation, or administrative sanctions, are deemed inadequate. The application of this principle becomes increasingly important in the corporate context to prevent the negative impact of repressive punishment on business entities that play a strategic role in the national economy. The significant impact of corporations on society and the economy necessitates a more careful and prudent approach to handling corporate crimes. This study uses a normative juridical method with statutory, conceptual, and case study approaches. In analyzing the application of the ultimum remedium principle, this study identifies that although this principle has been incorporated into several laws and regulations, its implementation remains weak. Factors contributing to this include limited understanding of the principle among law enforcement officials, suboptimal technical guidelines regarding the application of the ultimum remedium principle, and public pressure that tends to encourage a repressive approach in handling corporate crimes. Therefore, this study recommends strengthening regulations, increasing the capacity of law enforcement officials, and developing integrated guidelines to ensure the consistent and effective application of the ultimum remedium principle in handling corporate crimes. The application of this principle is also in line with the restorative justice approach, which aims to provide more humane and corrective punishment and create sustainable change for corporations and society.  

Hawina Romli; Rahayu Subekti

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

This study aims to examine the potential of restorative justice to resolve environmental criminal violations from the perspective of Pancasila philosophy, exploring relevant concepts so that they can be applied in the process of resolving environmental criminal cases. The type of research used is normative or doctrinal legal research. Normative research is research that usually uses documents as sources of legal materials such as laws and regulations, court decisions, legal theories, and opinions of legal scholars. The restorative justice approach in resolving environmental criminal cases can only be applied to formal offenses in Article 100. The concept of Restorative Justice is in accordance with the 4th Principle, namely deliberation which contains the principles of conferencing, search solutions, reconciliation, repair and circles (mutual support).

Ersya Ananda Kusuma Wardani; Muhammad Rustamaji

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

Narcotics Abuse has become a vital problem in several countries, including Indonesia. To solve the problem, the Indonesian government has implemented various policies, including a restorative justice policy. The regulation highlighted rehabilitation, reconciliation, and reintegration for the perpetrators, victims, and community. This research aimed to evaluate the implementation of restorative justice regulation in the treatment of drug abuse in Indonesia. The descriptive qualitative method in this study was done through the analysis of literature reviews from various sources related to the application of restorative justice policy for narcotics abuse. The results showed that the implementation of restorative justice policy still got some challenges, even though the regulation was directly adopted to handle narcotics abuse. The contributed factors were the lack of understanding about narcotics abuse and society support, limited resources, and the disagreement among agencies and those factors influenced the effectiveness of the policy implementation. In conclusion, the implementation of restorative justice policy needs more attention and progress continuity, even though the policy has offered an approach that has effective potential in treating narcotics abuse. It needs great attempt to make the society understand the problem, better communication among the agencies, and the allocation of enough resources to effectively support the policy.

Teza Salih Mauludin; Lies Sulistiani; Ajie Ramdan

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This legal research aims to examine the provisions of criteria/circumstances that are casuistic in the termination of prosecution based on restorative justice. Prosecutor's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice mentions the provisions of a quo in Article 5 Paragraph (2) and Article 5 Paragraph (5). The a quo provision in the regulation does not have clear indicators so it is prone to multiple interpretations. The research method used is normative juridical by examining literature materials or secondary data. There are two approaches, namely the legislative approach and the case approach. Data collection techniques are also used interview techniques in the form of questions and answers with the Public Prosecutor of the District Attorney's Office to obtain information that supports this research. The results of the study show that there are no clear indicators of criteria/circumstances of a casuistic nature in the termination of prosecution based on restorative justice has implications for the results of the public prosecutor's decision to consider the application for Restorative Justice. The absence of explanation of the provision was returned to the consideration of the public prosecutor with discretionary authority.  

Siprianus Damai Nar; Simplexius Simplexius; Orpa G. Manuain

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Restorative justice is often understood as a form of approach in resolving a criminal case involving the perpetrator, victim, and other parties such as family, or the community and does not focus on imprisonment, but rather on restoring the victim's condition after the crime has occurred. The Indonesian government has implemented restorative justice in the criminal justice system. Explicitly, restorative justice is stated in Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System and Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts based on Restorative Justice, recorded in the State Gazette of the Republic of Indonesia in 2021 Number 947. This study aims to determine the model of approach and inhibiting factors in the application of restorative justice in resolving criminal cases. This research is an empirical legal research. The data collection technique was by interviewing informants, and the data analysis used was qualitative analysis. The results of the study show: (1) The restorative justice approach has been implemented at the Kupang City Police by paying attention to values ​​and based on the Pancasila ideology. (2) The implementation of restorative justice in the police is carried out in two models, namely victim offender meeting and Conferencing. (3) the implementation of restorative justice in the police found 3 inhibiting factors, namely legal factors, law enforcement factors themselves and community factors.

Dwinanda Linchia Levi Heningdyah Nikolas Kusumawardhani

Jurnal Suara Pengabdian 45 2024 LPPM Universitas 17 Agustus 1945 Semarang

Sosialisasi berupaya untuk meningkatkan dan menjelaskan diskresi kepolisian dan Restorative Justice. Metode yang digunakan dalam kegiatan ini adalah berupa sosialisasi dan penyuluhan hukum. Saat ini penyelesaian perkara pidana di luar pengadilan melalui Restorative Justice merupakan hal yang sangat penting bagi masyarakat Indonesia. Masyarakat mempunyai harapan yang tinggi terhadap Kepolisian Negara Republik Indonesia sebagai salah satu aparat penegak hukum yang diberi wewenang oleh undang-undang sebagai penyidik ​​untuk melakukan penyidikan terhadap segala tindak pidana dalam rangka penegakan hukum. Penegakan hukum tentunya dilakukan sesuai program prioritas Kapolri yang mengusung konsep Transformasi Menuju Polisi yang Prediktif, Responsif, dan Transparansi Berkeadilan (PRESISI) demi terwujudnya tujuan hukum.

Jabida Sopamena

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research explores the application of restorative justice, focusing on traffic cases resulting in fatalities, as outlined in Chapter XIX of the KUHP, which addresses crimes against the body. The study examines instances where traffic accidents caused deaths but were resolved through restorative justice practices. The findings indicate that within the National Police institution, the application of restorative justice in traffic cases is governed by both general and special conditions. These conditions are often conflicting, as general regulations typically reject restorative justice if a victim dies, yet special conditions allow for the possibility of resolving such cases at the investigation and inquiry levels. Similarly, at the Prosecutor's Office, the study revealed that the process of halting prosecution is generally not permissible for cases carrying sentences of over five years. However, in specific instances, exceptions are made, even though the Prosecutor's Office does not specifically address traffic crimes but regulates them under general provisions. This leads to an asynchronous approach to case resolution through restorative justice. The author concludes that there is a critical need for a dedicated law on Restorative Justice to ensure regulatory synchronization, thus providing clear and consistent guidelines for the application of restorative justice in traffic cases resulting in fatalities.