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Fostering as an Alternative Sanction for Juveniles in the Perspective of Child Protection in Indonesia Erdianti, Ratri Novita; Al-Fatih, Sholahuddin
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Faculty of Law, Universitas Negeri Semarang

Crimes committed by juveniles today continue to grow, as well as various law enforcement approaches. Juveniles as legal subjects have special attention not only in matters of childrenâ€™s rights but also in the punishment of children. Various crimes committed by juveniles occur a lot and lead to no longer what is called juvenile delinquency, but a serious crime. The Child Protection Act and the Child Criminal Justice System Law explicitly regulate the protection of childrenâ€™s rights in the context of human rights. Fostering sanctions for juveniles are one of the ways that are encouraged compared to providing severe criminal sanctions, while here another criminal law is a double-edged sword and ultimum remedium. This paper examines efforts to guide children as an alternative sanction in juvenile criminal law. Studies in this paper include studies of Child Criminal Law, Criminal Law, Human Rights, and the Law on Child Protection.

ALTERNATIF PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DALAM KEBIJAKAN KRIMINAL DI INDONESIA Erdianti, Ratri Novita
Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Narcotics crime in Indonesia becomes a problem that until now never ceased. One of the problems is the increasing number of narcotics abusers. In our country, narcotic users/narcotics addicts can already be said as a criminal offender. In the Narcotics Act no. 35 of 2009 explained that what are meant by Narcotics Abusers are people who use Narcotics without rights or against the law. Persons who use narcotics unlawfully and unlawfully herein may be classified as addicts and distributors who use and conduct circulation. In the narcotics law, a drug addict victim of narcotics must undergo medical rehabilitation and social rehabilitation. But in reality, the article for narcotics abusers is more directed at other positions in the positions of dealers whose criminal consequences become imprisonment. This is for the author less appropriate. So that efforts made in solving cases of perpetrators of criminal acts become part of criminal policy in the context of the prevention of narcotics crime. The problem that the writer raised is about the relevance of criminal prison for narcotics abusers with the purpose of punishment and how the application of alternative punishment against narcotics abusers from the perspective of criminal policy. This study was conducted using normative juridical, which examines Law no. 35 of 2009 which regulates the form of punishment for the perpetrators of narcotics abuse is associated with the theories in criminal law

Creating Muhammadiyah 9 Malang Elementary School As A Children-Friendly School In Preventing Children To Be Victims Of Violence In School Environment Erdianti, Ratri Novita; Wasis, Wasis; Fatih, Sholahudin Al
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol 4 No 1 (2021): November
Publisher : Fakultas Hukum, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v4i1.45087

Child-friendly schools are a form of guaranteeing children's rights in the learning process at school. In building a child-friendly city, it is necessary to have a friendly school to make it happen. Muhammadiyah 9 Elementary School Malang City is a school that is about time to implement a child-friendly school. This service is carried out to turn Muhamadiyah 9 Elementary School into a child-friendly school by prioritizing children's interests as the main objective of learning during school. Through the process of mentoring, counseling, and consultation It is hoped that this service will be able to create a child-friendly school that is expected by all parties. With the participation of the Muhammadyah 9 Elementary School Malang, this service will be able to guarantee children's rights and in the end, one of the principles of protection in the form of the best interests of the child will be realized. . Thus the dedication will be beneficial for all parties, especially the Muhamadiyah elementary school 9 Malang city. Keywords: Child friendly schools, child protection, children's rights

Fostering as an Alternative Sanction for Juveniles in the Perspective of Child Protection in Indonesia Erdianti, Ratri Novita; Al-Fatih, Sholahuddin
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i01.29315

Crimes committed by juveniles today continue to grow, as well as various law enforcement approaches. Juveniles as legal subjects have special attention not only in matters of childrenâ€™s rights but also in the punishment of children. Various crimes committed by juveniles occur a lot and lead to no longer what is called juvenile delinquency, but a serious crime. The Child Protection Act and the Child Criminal Justice System Law explicitly regulate the protection of childrenâ€™s rights in the context of human rights. Fostering sanctions for juveniles are one of the ways that are encouraged compared to providing severe criminal sanctions, while here another criminal law is a double-edged sword and ultimum remedium. This paper examines efforts to guide children as an alternative sanction in juvenile criminal law. Studies in this paper include studies of Child Criminal Law, Criminal Law, Human Rights, and the Law on Child Protection.

Creating Muhammadiyah 9 Malang Elementary School As A Children-Friendly School In Preventing Children To Be Victims Of Violence In School Environment Erdianti, Ratri Novita; Wasis, Wasis; Fatih, Sholahudin Al
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol 4 No 1 (2021): .
Publisher : Fakultas Hukum, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v4i1.45087

Child-friendly schools are a form of guaranteeing children's rights in the learning process at school. In building a child-friendly city, it is necessary to have a friendly school to make it happen. Muhammadiyah 9 Elementary School Malang City is a school that is about time to implement a child-friendly school. This service is carried out to turn Muhamadiyah 9 Elementary School into a child-friendly school by prioritizing children's interests as the main objective of learning during school. Through the process of mentoring, counseling, and consultation It is hoped that this service will be able to create a child-friendly school that is expected by all parties. With the participation of the Muhammadyah 9 Elementary School Malang, this service will be able to guarantee children's rights and in the end, one of the principles of protection in the form of the best interests of the child will be realized. . Thus the dedication will be beneficial for all parties, especially the Muhamadiyah elementary school 9 Malang city. Keywords: Child friendly schools, child protection, children's rights

The Role of Doctors in Drug Administration and the Execution of Penal Death Tongat Tongat; Ratri Novita Erdianti; Said Noor Prasetyo; Nu’man Aunuh; Yaris Adhial Fajrin; Wafda Vivid Izziyana
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 2 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i2.14467

Although until now Indonesia still applies capital punishment, efforts to limit its application are still beingmade, including improving the procedures for its implementation. One way to ensure that the execution ofthe death penalty is still carried out with respect for life is to involve doctors in treatment and the executionof the death penalty. In addition, in the reform of Indonesian criminal law (Draft KUHP), a policy forpostponing death penalty has been formulated. Those sentenced to death are given the opportunity to improvethemselves for a certain time (10 years). If within the grace period the convict can show improvement inhimself, then the death penalty need not be carried out and replaced with deprivation of liberty.

ALTERNATIF PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DALAM KEBIJAKAN KRIMINAL DI INDONESIA Ratri Novita Erdianti
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Narcotics crime in Indonesia becomes a problem that until now never ceased. One of the problems is the increasing number of narcotics abusers. In our country, narcotic users/narcotics addicts can already be said as a criminal offender. In the Narcotics Act no. 35 of 2009 explained that what are meant by Narcotics Abusers are people who use Narcotics without rights or against the law. Persons who use narcotics unlawfully and unlawfully herein may be classified as addicts and distributors who use and conduct circulation. In the narcotics law, a drug addict victim of narcotics must undergo medical rehabilitation and social rehabilitation. But in reality, the article for narcotics abusers is more directed at other positions in the positions of dealers whose criminal consequences become imprisonment. This is for the author less appropriate. So that efforts made in solving cases of perpetrators of criminal acts become part of criminal policy in the context of the prevention of narcotics crime. The problem that the writer raised is about the relevance of criminal prison for narcotics abusers with the purpose of punishment and how the application of alternative punishment against narcotics abusers from the perspective of criminal policy. This study was conducted using normative juridical, which examines Law no. 35 of 2009 which regulates the form of punishment for the perpetrators of narcotics abuse is associated with the theories in criminal law

Study at home during the covid-19 pandemic as a legal protection for children's rights in Indonesia Ratri Novita Erdianti; Nur Putri Hidayah
Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

The application of the online learning system during the COVID-19 pandemic has caused problems related to learning methods that require adequate facilities that not all students have. In addition, the community also feels that this method is not optimal for students, especially elementary school students who find it difficult to accept online learning which also due to heaps of works to replace the material students can use. The purpose of this paper is to see that the study at the home policy is the right government action to take in accordance with the legal protection mandated by Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection to continue on carrying out the learning process so that the world of education is not paralyzed due to the spread of COVID-19. The purpose of this study is to examine the study at the home policy as a guarantee of legal protection mandated by Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection. The method used in this study is the normative method. The outcomes show that online learning policies are the best solution and are in line with the principles of legal protection for children's rights in Indonesia, especially regarding the right to be safe from harm, to be kept away from disease, and the right to live and develop.

URGENSI PEMIDANAAN TERHADAP KORPORASI SEBAGAI PELAKU TINDAK PIDANA Ratri Novita Erdianti
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 13, No 1 (2015): Hukum dan Dinamika Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Indonesia has admitted the corporation as criminals, this can be evidenced by the corporate setting as criminals in various laws and regulations in Indonesia outside KUHP.Akan However, although there has been a recognition that the corporation is the subject of criminal law, but in reality we not see that there are many criminal acts involving the corporation that is not directing the corporation to serve as a suspect in the judicial process. It would be a problematic for the enforcement of criminal law in Indonesia.Dengan the recognition of the corporation as the subject of a criminal act, then it is important to criminalize not only the board but also to related corporations. With no corporate dipidananya who committed the crime, then the purpose of punishment will be different if the criminal is only addressed to administrators but not to the corporation. In general, dropped criminal purpose is other than the deterrent effect against the corporation who committed the crime, but also as an effort to prevent the criminal act is not performed by the other corporations. Associated with a given criminal purposes, if only the criminal responsibility on the corporate board of sentencing objectives to be achieved will be difficult to achieve. It would be important to not only penalize the corporate board, but also still penalize the corporation concerned.

Conditional Punishment As An Alternative Punishment Of Prevention Crimes In Indonesia Ratri Novita Erdianti; Sholahuddin Al-Fatih; Wasis Suprayitna
JUSTITIA JURNAL HUKUM Vol 5 No 1 (2021): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i1.7360

Criminal is a tool used in tacklingÂ criminal acts.Â The judge as the partÂ whoÂ passesÂ the sentenceÂ hasÂ a veryÂ important roleÂ in determining the effectiveness of the punishment that will be imposed on the perpetrator of the criminal actÂ .Â So in this case the judge should be precise in determining which type of crime is appropriate for the perpetrator, considering that the imposition of a sentence against someone who has committed a criminal act is a very important part of realizing the expected criminal justice system.Â The application of imprisonment for the short term has many weaknesses.Â The process of prisonisation becomes a means of crime school for prisoners who have the opportunity to increase the number of existing receivers.Â Thus an alternative punishment is needed that can be a solution to the weaknesses of imprisonment.Â Conditional punishment is an alternative punishment that can be imposed by a judge against the perpetrator of a criminal act.Â The limitation in this research is focused on the use of conditional punishment which is expected to be able to fulfill the desired sentencing objectives and become an effort in criminal policy to tackle crime.Â This study uses a normative juridical research method that will examine conditional criminality in relation to the theory of the purpose of punishment as well as examine crime as an effort to tackle crime based on the theory of criminal policy.

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