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All Journal Ensiklopedia of Journal Unes Law Review UNES Journal of Swara Justisia Jurnal Ilmiah Ekotrans & Erudisi (JIEE)
Patmawanti, Besse
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Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PELAKSANAAN KEADILAN RESTORATIF DALAM PENYELESAIAN TINDAK PIDANA RINGAN DI RUMAH RESTORATIF DI NAGARI SALIMPEK KABUPATEN SOLOK Firdaus, Firdaus; Patmawanti, Besse
Ensiklopedia of Journal Vol 5, No 3 (2023): Vol. 5 No. 3 Edisi 3 April 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (381.974 KB) | DOI: 10.33559/eoj.v5i2.1549

Abstract

Abstract: The implementation of non-litigation settlement of criminal acts as stated in article 4 of the Attorney General's Regulation of the Republic of Indonesia Number 15 of 2020 concerning termination of prosecution based on restorative justice is the basis for efforts to fulfill the rights of perpetrators and victims. However, the implementation of restorative justice in the settlement of minor crimes still finds pros and cons in the community, so this certainly cannot immediately conclude whether restorative justice policies are not good at fulfilling the rights of perpetrators and victims. Nevertheless, in Nagari Salimpek, Solok Regency, criminal acts have been resolved through restorative justice. This research is a descriptive research, namely research conducted by describing and describing the object of research or the problem under study related to the implementation of restorative justice in the restorative house of Nagari Salimpek, Solok Regency. The approach methods used include the main approach in a normative juridical manner, namely the legal research method carried out by examining library materials or secondary data and supported by an empirical juridical approach, namely the research method carried out to obtain primary data. From the results of research and discussion, it can be drawn the conclusions are as follows: First, the implementation of restorative justice in the settlement of minor crimes at the restorative home of Nagari Salimpek, Solok Regency is an alternative settlement of minor criminal cases that focuses on dialogue and mediation processes involving perpetrators, victims, families of perpetrators/victims, and other related parties to jointly create an agreement on a fair and balanced settlement of criminal cases for both victims and perpetrators by prioritizing restoration to their original state and restoring the pattern of good relations in society or commonly known as a win win solution. The Batanding Salah tradition is customary law used for the settlement of minor crimes in a non-litigation manner which aims to create a better society and village. Second, the obstacles in implementing the settlement of minor crimes based on restorative justice in the Nagari Salimpek restorative house, namely the lack of public understanding of restorative justice, the application of fines varies in number because there are no rules regarding the benchmark for the amount of fines for minor crimes that occur , as well as the lack of efficiency in the use of fines handed over to the perpetrators to the victims and to the local government.Keywords: Restorative Justice, Misdemeanors, Nagari Salimpek.
EFEKTIFITAS PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN GUNA MENCEGAH TERJADINYA PENGULANGAN TINDAK PIDANA (Studi pada Lembaga Pemasyarakatan klas IIA Padang) Patmawanti, Besse
UNES Journal of Swara Justisia Vol 3 No 2 (2019): Unes Journal of Swara Justisia (Juli 2019)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Abstract

The guidance function has been carried out in an integrated manner between theTrustees and those who are fostered and the community to improve the quality ofcorrectional facilities. It is intended that the wargabinaan be aware of their mistakes andimprove themselves so as not to repeat the criminal acts in the future. Pancasila as theideal foundation of the correctional system, mentions the existence of balance andharmony both in human life as a person, and in relations with society in relation to nature,as well as relations with God. The implementation of prisoner guidance to prevent theoccurrence of repetitions of crime is guided by Law No. 12 of 1995 concerning Prisoners,prisons strongly uphold the human rights of every human being, guidance provided to theassisted people is only intended so that the inmates will no longer repeat criminal actsafter free from criminal sanctions imposed upon him for acts he has committed so thatafter being returned to the community, the assisted citizens can become good individualsand obey the applicable law. The obstacle faced by the correctional institutions in carryingout guidance to prisoners is over capacity in terms of the number of prisoners not inaccordance with the capacity provided, the number of employees who are not inaccordance with the number of prisoners and another obstacle is the placement ofprisoners.
Legal Review of the Use of Closed-Circuit Television as Electronic Evidence in Proving Criminal Acts in Indonesia Pratiwi, Siswantari; Patmawanti, Besse
Jurnal Ilmiah Ekotrans & Erudisi Vol. 4 No. 1 (2024): June 2024
Publisher : LPPM Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69989/8kajvb41

Abstract

This research delves into using Closed Circuit Television (CCTV) surveillance cameras as electronic evidence in criminal proceedings in Indonesia, specifically focusing on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 regarding Information and Electronic Transactions (ITE). The continuously advancing field of information technology, including CCTV technology, now assumes a significant role within the realm of criminal justice, particularly in detecting criminal activities. Nevertheless, a contentious issue persists surrounding the admissibility of CCTV footage as evidence in court proceedings due to the absence of explicit regulations within the Criminal Procedure Code (KUHAP) about electronic evidence. This investigation scrutinizes the legal validity of CCTV recordings as evidence, shedding light on various instances where such recordings have served as crucial evidence in criminal trials. Employing a normative legal framework, this study also evaluates the repercussions of acknowledging CCTV recordings as admissible evidence within the framework of the Indonesian criminal justice system. This study's outcomes aim to offer theoretical insights and practical contributions to the advancement of criminal law, particularly regarding evidentiary matters and the utilization of electronic evidence within Indonesia.
TINJAUAN KRIMINOLOGI TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANAK DI WILAYAH HUKUM POLRES 50 KOTA Patmawanti, Besse; Yulianda, Kiki
UNES Law Review Vol. 3 No. 1 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.142

Abstract

This study examines the Criminology Review of Narcotics Offenses committed by Children in the Legal Area of ​​the 50 City Police. This research is descriptive research. The approach method used in this research is a normative juridical approach as the main approach supported by an empirical juridical approach, using secondary and primary data collected through literature and field studies with data collection techniques through interviews and documentation. The results showed that: 1) by the children in the Legal Area of ​​the 50 City Police, first the factor of lack of parental attention, and feeling isolated so that they fall into narcotics. The second is the environmental factor in which to live and hang out in the community. The third is the factor of curiosity and trial and error that causes this crime of narcotics abuse to occur. Fourth is the factor of education which causes a lack of understanding of the dangers of drugs. 2) The efforts made by the 50 City Police to tackle the Narcotics Crime committed by children, which are divided into 2 efforts, namely Preventive Efforts, which are efforts made by the 50 City Police and carried out before the narcotics crime occurs in the form of campaigns, counseling, socialization. , family approaches, and dissemination of knowledge about the dangers of drugs. Meanwhile, the Repressive Effort is to take action in the form of investigations within the scope of schools and colleges in order to monitor drug trafficking among adolescents.
Co-Authors Firdaus Firdaus Siswantari Pratiwi Yulianda, Kiki