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All Journal Tadulako Law Review Jurnal Ilmiah Hukum LEGALITY
Sirait, Trinita Yulinda
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Law, Crime, Criminology & Criminal Justice

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RESTORATIVE JUSTICE APPROACH IN THE SETTLEMENT OF CHILDREN’S CASES IN INDONESIA Sirait, Trinita Yulinda; Cahyaningtyas, Irma
Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (375.54 KB) | DOI: 10.22219/jihl.v27i2.10160

Abstract

Restorative justice is a way to resolve criminal cases involving the community, victims, and perpetrators of crime to achieve justice for all parties so that it is expected to create the same conditions as before the crime and prevent further crime. However, implementation is often overlooked in children who commit crimes. The research method used in this study is the normative legal research method with the legislation approach and conceptual approach. This research shows the case of children before the law (ABH) brought in the judicial process must always prioritize the principle of the best interests of children, and the process of punishment is a last resort. Cases can be resolved through informal mechanisms based on standard guidelines. This form of informal handling can be done by diversion through a mediation process facilitated by law enforcement at every level to achieve restorative justice through diversion. Thus, the core of restorative justice is healing, moral learning, community participation and attention, dialogue, forgiveness, responsibility and making changes, all of which are guidelines for the recovery process in the perspective of restorative justice.
LEGAL POLICIES REGARDING RELIGIOUS DELICT IN THE INDONESIAN CRIMINAL CODE Sirait, Trinita Yulinda; Soponyono, Eko
Tadulako Law Review Vol 5, No 1 (2020)
Publisher : Tadulako University

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Abstract

The Indonesian nation consists of ethnic groups consisting of many tribes, races, classes, religions, and cultures that demand Indonesian people. The reality that occurred in the community was found about the contradictions between religious communities who demanded that Indonesia overcome it with formulation policies or which were part of the action through criminal law policies (criminal policy. This research aims to describe the formulation policy regarding religious offenses in Indonesia. normative that puts forward secondary data in the process of finding conclusions Article 156 and Article 156A of the Criminal Code is a state policy to assist with religious fish interest policies that have succeeded in solving the Indonesian nation, protecting the integrity and national defense of the Indonesian nation.
Co-Authors Eko Soponyono Irma Cahyaningtyas, Irma