1,127 research outputs found
Diversion Method by Investigators in Resolving Cases of Children in Conflict with the Law
No full textThe purpose of this study is to study and analyze the function of investigator diversion in resolving cases of children in conflict with the law. In this writing, the author uses a juridical normative method with a research specification in the form of descriptive analysis. One of the efforts to protect children in conflict with the law is through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The existence of the Law on the Criminal Justice System in its implementation contains a requirement to uphold justice for children in conflict with the law, namely by implementing restorative justice as one of the methods of resolving child cases in Indonesia. The purpose of such juvenile justice is operationally played by law enforcement officers, in this context, law enforcement officers as regulated in Law No. 2 of 2002 concerning the Republic of Indonesia National Police are given the widest possible freedom and in all examination enhancements to exercise discretion. The implementation of diversion is motivated by the desire to avoid negative effects on the child's soul and development by their involvement with the criminal justice system. The implementation of diversion by law enforcement officers is based on the authority of law enforcement officers called discretion; is the authority of law enforcement officers who handle criminal cases
MODEL PENGEMBANGAN PENDIDIKAN KARAKTER BERBASIS PENGUATAN BUDAYA SEKOLAH RELIGIUS DI SMA ISLAM SULTAN AGUNG 3 SEMARANG
No full textThe problem of national identity and character lately is at risk. The number of negative events and behaviors, both individually and in groups in the community, illustrates the degadration of the nation's moral values. The character crisis is characterized by an increasing number in crime and violence in the society, including in the world of education. This fact encourages the emergence of various lawsuits on the effectiveness of character education in schools which so far have been seen by some communities as having failed in building students' affection with eternal values and being able to answer the challenges of the changing times.That the crisis of character, one of which is caused by a lack of understanding and practice of religious teachings. Religious characters that require students to understand and be able to practice the teachings of their religion become one of the most important character points in order to improve the good character of students. Religious becomes the foundation of the nation's character, so we need a way to build religious character for each student. Departing from this, in this article the author will discuss about the development model of religious school culture-based character education. The problem in this article will be focused first, on how to develop character education models based on the strengthening of religious school culture in Sultan Agung 3 Islamic High School Semarang; second, how the results of the implementation of the development of character education based on strengthening the culture of religious schools in Sultan Agung 3 Islamic High School Semarang. This article is the result of a qualitative descriptive study conducted by the author at Sultan Agung 3 Islamic Senior High School Semarang. From the research conducted by the author, the results of this research are: the model of character education development based on strengthening the religious school culture is needed in order to increase the effectiveness of character education in schools. Keywords: Character education, character crisis, religious school culture.Â
Legal Protection Against Women Victims of Violence in The Household (Case Study in Balikpapan City Area)
No full textThis research aims to know and analyze the procedure of legal protection for women victims of domestic violence in Balikpapan City. In addition, this study also examines the legal efforts that can be done in protecting women victims of domestic violence in Balikpapan City. The type of research used is sociological juridical research. In this research, the author uses legal protection theory, legal benefit theory and legal protection theory in Islamic perspective as the theoretical framework. In this case, Law Number 23 Year 2004 is a legal regulation that provides legal protection for women who are victims of domestic violence. In addition, there are several facts that show a consistent increase in the number of cases of violence against women in East Kalimantan Province every year. Based on these events, the author believes that the implementation of legal protection for women who are victims of domestic violence (KDRT) with 3 (three) legal efforts, namely preventive legal efforts, curative legal efforts and repressive legal efforts
Formulation of Disparity of Punishment in Drug Abuse Cases
No full textPenal disparity is the imposition of unequal sentences for the same crime or for crimes whose dangerous nature can be compared without a clear justification. In practice, judges' decisions in juvenile criminal cases result in disparities in punishment. Therefore, the issue of sentencing is not only important for judges and the judicial process, but also for the legal process as a whole, especially in terms of law enforcement. Where in this case there are different criminal sanctions between the children who commit the crime. Disparity in decisions cannot be separated from the judge's discretion in imposing sentences in a criminal case. In this research the author will examine narcotics cases in decisions Number 101/Pid.Sus/2022PN Smn and Number 68/Pid.Sus/2020/PN Smn. The author will discuss what factors can cause disparities in punishment, then the basis for the judge's considerations and finally the obstacles a judge has in deciding a case. The approach that will be used is a Sociological Juridical approach. The sources and types of data in this research are primary data obtained from field studies with interviews. And secondary data was obtained from literature study. The results of this research show that disparities in punishment occur due to various things that make the decision of the panel of judges different from one decision to another in the same case
Restorative Justice Policy by the Prosecutor's Office as the Effectiveness of Criminal Case Resolution
No full textThe purpose of this study is to examine and analyze the functional restorative justice of the Prosecutor's Office towards the resolution of criminal cases. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice shows the existence of the Prosecutor's Office in handling criminal cases by prioritizing a sense of justice. This step can change the paradigm of society towards public prosecutors as law enforcement officers in resolving criminal cases to be more humane and not arrogant by prioritizing a sense of justice for all parties and restoring them to their original state. The Prosecutor's Office as the controller of the case process (Dominus Litis), has a central position in law enforcement, because only the Prosecutor's Office institution can determine whether a case can be submitted to the Court or not based on valid evidence according to the Criminal Procedure Law. In this case, the policy of the Prosecutor's regulation regarding restorative justice can realize legal effectiveness for the conditions of punishment in Indonesia
The Concept of Police Discretion Towards Children in Conflict with the Law
No full textThe purpose of this study is to examine and analyze the form of police discretion in handling children in conflict with the law. In writing this, the author uses a normative legal method with a research specification in the form of descriptive analysis. Investigation of a child by the police is a measure of the child's personality, he can be good or otherwise, therefore it is necessary to have a special police unit that is trained in serving and handling children. Discretion as one way to handle children's cases is one of the authorities of the police in using its discretionary authority. Discretion is expected to minimize the number of children who must experience detention and all forms of rules in positive criminal law or create children as victims of criminal behavior of children. In the Law on the Juvenile Criminal Justice System, discretion is given to investigators to be able to seek diversion. This can be seen in Article 29 of the Law on the Juvenile Criminal Justice System, namely: Investigators are required to seek diversion no later than 7 days after the investigation begins; The diversion process as referred to in paragraph 1 shall be carried out no later than 30 days after the commencement of the diversion
Police Efforts to Legitimize the Concept of Restorative Justice in the Judicial Process
No full textThe purpose of this study is to examine and analyze the specifications of the Police's legal policy products in implementing the concept of restorative justice. In this writing, the author uses a normative juridical method with research specifications in the form of descriptive analysis. In its implementation, the handling of criminal acts in Indonesia still uses a retributive justice system that is oriented towards retribution and prioritizes legal certainty. If the handling of criminal acts between extra ordinary crimes, ordinary crimes, and minor motives is not distinguished, especially criminal acts whose losses are possible to be recovered, of course it can sacrifice the sense of justice and social reaction to the victim. In this problem, the victim is not only the party who is harmed, but the suspect is also a victim of the criminal process which is essentially to provide justice for both parties. Therefore, an optimal alternative action is needed from the applicable regulations, namely in the form of discretionary actions at the stages of the criminal justice system, one of which is the Police institution
Form of Police Discretion in Efforts to Terminate Criminal Cases
No full textThe purpose of this study is to examine and analyze the form of implementation of the termination of criminal cases within the scope of the Police as a function of discretion. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. The existence of discretionary authority by the police, the police have the authority to break through a form of legal rigidity that emphasizes the side of legalism alone, without paying attention to the social systems that live in society in achieving a form of real welfare and justice. In fact, police discretion in terms of terminating investigations is carried out by investigators as a response to social phenomena while still adhering to the limits regulated by applicable legal norms. Two conflicting sides of the law are linked to the prevailing legal practice that the use of police discretion is not yet firmly regulated by law, but if the Police accept the withdrawal of the complaint by taking a stance not to continue the case to further legal proceedings (transferring the case file to the prosecutor's office), then in this case the Police have used Discretion with the Restorative Justice method
The Role of the Police in Realizing the Effectiveness of Criminalization Against Drug Users Who Dominate the Courts
No full textThe purpose of this study is to examine and analyze the Police scheme in realizing the effectiveness of criminalization against drug users who dominate. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. Police Regulation of the Republic of Indonesia Number 8 of 2021 was enacted with the consideration that the Police of the Republic of Indonesia needs to realize the resolution of criminal acts by prioritizing restorative justice that emphasizes restoration to its original state and a balance of protection and interests of victims and perpetrators of criminal acts that are not oriented towards punishment is a legal need of society. As well as realizing the effectiveness of punishment that has implications for the problems of Indonesian corrections. The police took the initial step in implementing the concept of restorative justice through one of the policies taken by the Police of the Republic of Indonesia by enacting Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice. Settlement of narcotics cases through Restorative Justice not only involves investigators and suspects but also involves several institutions
Manifestation of Restorative Justice by the Police in the Investigation Process of Minor Crimes
No full textThe purpose of this study is to determine and analyze the Police scheme in implementing restorative justice in the investigation of minor crimes. In this writing, the author uses a normative juridical method with research specifications in the form of descriptive analysis. The public generally considers that it is very unfair if perpetrators of minor crimes such as minor theft must be subject to criminal sanctions in prison, because it is not comparable to the value of the stolen goods. Minor Crimes should be resolved quickly and simply but still reflect the certainty of law and justice. So that legal settlement also requires utility value, and the challenges and challenges that exist today meet the objectives of the law to achieve fair and beneficial legal certainty, to carry out a possible criminal investigation process. Restorative justice as one of the efforts that can be used as a solution in resolving criminal cases. In the Police environment, the application of restorative justice both inside and outside the investigation process in resolving criminal cases is seen/understood to be carried out based on the discretionary authority of the police as regulated in Law Number 2 of 2002 concerning the Indonesian National Police (UU POLRI)
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