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Journal : PATTIMURA Legal Journal

Urgensi Laporan Penelitian Kemasyarakatan Dalam Penjatuhan Pidana Bagi Anak Pelaku Tindak Pidana Patty, Mercy Pratiwi; Hehanussa, Deassy Jacomi Anthoneta; Wadjo, Hadibah Zachra
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (910.773 KB) | DOI: 10.47268/pela.v1i2.6392

Abstract

Introduction: Reality shows that crimes are not only committed by adults, but also by children. Children who commit crimes must be held accountable for their actions that violate the law. Purposes of the Research: In order to analyze the juvenile offender, the law enforcement and sentencing process applied to the child is carried out specifically by prioritizing the best interests of the child. Methods of the Research: Type of research: Juridical Empirical, Data Sources include primary data and secondary data. Techniques for reviewing and collecting primary and secondary data are using literature studies and interview results. Data analysis used in legal research is qualitative analysis. Results Originality Findings of the Research: Based on the results of the study, it was found that the urgency of a community research report in imposing sanctions on children who commit criminal acts is an important matter. Community research reports that are made basically have an influence on the judge's decision in juvenile court. With the availability of community research reports, it can be used as consideration for judges in making their decisions as regulated in Article 60 Paragraph (3) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, if the judge does not consider the community research report from the Community Counselor, the legal consequences arising from the decision on the child who commits the crime are null and void, as referred to in Article 60 Paragraph (4) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
Urgensi Psikologi Kriminil Dalam Penanganan Kejahatan Jalanan Hetharia, Zefanya Fernioren; Hehanussa,, Deassy Jacomina Anthoneta; Wadjo, Hadibah Zachra
PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i1.8724

Abstract

Introduction: Criminal psychology investigates individual behavior, particularly the causes of criminal behavior. Purposes of the Research: Analyze and explain the Urgency of Criminal Psychology in handling street crime. Methods of the Research: This study uses the Juridical Empirical Legal Research method. Sources of data used are primary data, secondary data, and tertiary data by collecting data through filling out questionnaires, interview methods and literature study and then analyzed based on the theoretical concept approach. Results Originality of the Research: The findings of this study demonstrate that by understanding the life of criminal psychology, crime as human behavior can be avoided because criminal psychology is the primary psychological basis for criminals, the causes of crime, and prevention, both preventive and repressive as repair or healing efforts. By taking into account psychological and personal factors as well as the reasons people commit crimes, this can also be strengthened by minimizing and accommodating the factors that lead to someone committing street crimes in order to meet limited needs.
Diversi Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak Ingratubun, Yerusalina; Toule, Elsa Rina Maya; Wadjo, Hadibah Zachra
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i3.10676

Abstract

Introduction: Children in conflict with the law in the juvenile criminal justice system, the form of settlement is with a restorative justice approach through diversion which is an initial step in the settlement process before proceeding to the next legal process. Purposes of the Research: This study aims to analyze and examine the implementation of diversion in handling children in conflict with the law. Methods of the Research: The type of research used in this research is empirical. Sources of data include primary data and secondary data. Data collection techniques through interviews and literature study and data analysis using qualitative analysis. Results of the Research: The results showed that the implementation of diversion in handling criminal acts committed by children was in accordance with what was mandated by the Juvenile Criminal Justice System Act at the stages of investigation, prosecution and trial. If the settlement of a criminal case committed by a child through diversion is successful in peace between the parties, the report will be revoked because there has been a mutual agreement in the peace made. The settlement process with this diversion did not all run smoothly and succeeded in reaching a peace agreement between the parties. If the diversion process does not result in an amicable agreement or the diversion agreement is not implemented, then the juvenile criminal justice process will proceed to the Court. In the settlement of criminal cases committed by children, there are still obstacles faced by law enforcement officers and litigants and there are still factors that hinder the implementation of diversion.