IMPLEMENTATION OF A RESTORATIVE APPROACH IN CHILD CRIMINAL RESCUE IN JUSTICE
Abstract
This study aims to discuss diversion policies in restorative justice for the Criminal Justice System faced by minors. Where it is known that diversion is not a reconciliation between children in conflict with the law and victims or their families, but must be a form of punishment against children who are in conflict with the law in an informal way. The recommendation in this study is that law enforcers in carrying out their duties of investigation, prosecution, investigation and determination of cases by the court should prioritize the application of diversion policies as an alternative to imprisonment or imprisonment. Massive socialization of this diversion policy to the public is urgently needed.
References
[1] Amahoru, Ibnu Kasir, "Threatened with 7 Years in Prison, Teacher Gang of SMKN 2 Makassar Officially Detained, http://news.rakyatku.com/read/16604/2016/08/11/terancam-7-tahun-penjara-pengeroyok-guru-smkn-2-makassar-resmi-ditahan, accessed on September 13, 2022
[2] Anonymous, There Are More And More Cases of Children Facing the Law, This is what the Minister of Education and Culture http://www.solopos.com/2016/01/25/perlindungan-anak-kasus-anak-berhadapan-hukum-kian-banyak-ini-kata-mendikbud-684467 said, accessed on September 13, 2022
[3] Aprilianda, Nurini, "Juridical Implications of Diversion In Children's International Instruments in Children's Law in Indonesia, Journal of the Law Arena, Vol.6, No.1, April 2012.
[4] Ariani, Nevey Varida, "Implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System in an Effort to Protect the Interests of Children", Journal of Legal Media, Vol.21, No.2, June 2014.
[5] Djanggih, Hardianto, "Conception of Legal Protection for Children as Victims of Cybercrime Through Penal and Non-Penal Approaches", Journal of Legal Pulpits, Vol.30, No.2, June 2018.
[6] Edyanto, Novi, "Restorative Justice To Solve Cases of Children Facing the Law", Journal of Police Science, Vol.11, No.3, December 2017.
[7[ Ernis, Yul, "Diversion and Restorative Justice in Solving Child Crime Cases in Indonesia", Scientific Journal of Legal Policy, Vol.10, No.2, July 2016.
[8] Haling, Syamsu, Paisal Halim, Syamsiah Badruddin, & Hardianto Djanggih, (2018). Protection of The Human Rights of Street Children In The Field Of Education According To National Law And International Conventions. Journal of Law & Development, Vol.48, No.2, April – June 2018.
[9] Harahap, Halim, Palindungan. "Sociological Juridical Review of Diversion Policies for Children in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System", UNNES Law Journal, Vol.3, No.1, 2014. http://www.bappenas.go.id/berita-dan-siaran-pers/indonesia-akan-berlakukan-uu-no-11-tahun-2012-tentang- system-criminal-justice-juvenile/, accessed September 13, 2022.
[10] Kaimuddin, Arfan, "Legal Protection of Victims of Minor Theft Crimes in the Diversion Process of Investigation Level", Journal of the Law Arena, Vol. 8, No.2, August 2015.
[2] Anonymous, There Are More And More Cases of Children Facing the Law, This is what the Minister of Education and Culture http://www.solopos.com/2016/01/25/perlindungan-anak-kasus-anak-berhadapan-hukum-kian-banyak-ini-kata-mendikbud-684467 said, accessed on September 13, 2022
[3] Aprilianda, Nurini, "Juridical Implications of Diversion In Children's International Instruments in Children's Law in Indonesia, Journal of the Law Arena, Vol.6, No.1, April 2012.
[4] Ariani, Nevey Varida, "Implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System in an Effort to Protect the Interests of Children", Journal of Legal Media, Vol.21, No.2, June 2014.
[5] Djanggih, Hardianto, "Conception of Legal Protection for Children as Victims of Cybercrime Through Penal and Non-Penal Approaches", Journal of Legal Pulpits, Vol.30, No.2, June 2018.
[6] Edyanto, Novi, "Restorative Justice To Solve Cases of Children Facing the Law", Journal of Police Science, Vol.11, No.3, December 2017.
[7[ Ernis, Yul, "Diversion and Restorative Justice in Solving Child Crime Cases in Indonesia", Scientific Journal of Legal Policy, Vol.10, No.2, July 2016.
[8] Haling, Syamsu, Paisal Halim, Syamsiah Badruddin, & Hardianto Djanggih, (2018). Protection of The Human Rights of Street Children In The Field Of Education According To National Law And International Conventions. Journal of Law & Development, Vol.48, No.2, April – June 2018.
[9] Harahap, Halim, Palindungan. "Sociological Juridical Review of Diversion Policies for Children in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System", UNNES Law Journal, Vol.3, No.1, 2014. http://www.bappenas.go.id/berita-dan-siaran-pers/indonesia-akan-berlakukan-uu-no-11-tahun-2012-tentang- system-criminal-justice-juvenile/, accessed September 13, 2022.
[10] Kaimuddin, Arfan, "Legal Protection of Victims of Minor Theft Crimes in the Diversion Process of Investigation Level", Journal of the Law Arena, Vol. 8, No.2, August 2015.
Published
2022-11-24
How to Cite
FIKRI, Rahul Ardian et al.
IMPLEMENTATION OF A RESTORATIVE APPROACH IN CHILD CRIMINAL RESCUE IN JUSTICE.
Proceeding International Conference of Science Technology and Social Humanities, [S.l.], v. 1, p. 115-121, nov. 2022.
Available at: <https://jurnal.pancabudi.ac.id/index.php/icesshi/article/view/4389>. Date accessed: 21 dec. 2024.
Section
Articles
