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Journal : Jurnal Dinamika Hukum

APPLICATION OF DIVERSION PENAL MEDIATION ON SEXUAL VIOLENCE CASES TO REALIZE CHILD PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE Setya Wahyudi; A Angkasa
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1704

Abstract

Diversion is the granting of the authority of law enforcers to transfer the settlement of Child cases from the criminal justice process to the criminal justice process, with the aim of achieving peace between the victim and the child who commits a crime. This research is to find out about: how to apply diversion to cases of sexual violence against children, and whether diversion penal mediation can be applied to cases of sexual violence to realize the protection of children victims of sexual violence. Based on research in Central Java, barriers to the application of diversion system are from legislative factors, structural factors as well as community legal cultural factors. Along with the application of reasoning mediation diversion, these obstacles can be avoided. The application of the diversion penal mediation as a means to protect children of perpetrators and children of victims of child sexual violence. In the future there needs to be a willingness and courage for child law enforcers, to apply the diversion penal mediation to cases of child sexual violence Keyword: diversion, penal mediation, sexual violence
MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK (Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto) Angkasa Angkasa; Saryono Hanadi; Muhammad Budi Setyadi
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.230

Abstract

Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system  in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18  Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison
PENGAWASAN KINERJA ADVOKAT DALAM PEMBERIAN BANTUAN DAN PELAYANAN JASA HUKUM (STUDI DI JAWA TENGAH) Agus Raharjo; Angkasa Angkasa; Hibnu Nugroho
Jurnal Dinamika Hukum Vol 14, No 2 (2014)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2014.14.2.295

Abstract

The performance of advocate simply defined as the effectiveness of the services provided by advocates and efficiency of resources allocated and used to prepare such services. There are several reasons that make the effectiveness of the performance advocate can not be determined as exact. Research that seeks to find and locate the causes of the use of empirical legal research methods with sociological and  economics approach. The indicators of performance can be classified into several types, namely efficiency, effectiveness, cost-effectiveness and impact indicators. Based on the results of a study of lawyers, law firm/law office or legal aid organizations in Central Java, a performance indicator has not been implemented fully and consistently. They have not implemented a process-oriented quality management as an end result of legal services. Orientation is still focused on the principle of win-lose in handling criminal cases, and management principles are ignored. Transparency as a precondition for performance measurement is also difficult to obtain. This happens because the oversight of the work of da n their performance is still very weak. Keywords: advocate, performance, legal services, legal aid
OVER CAPACITY NARAPIDANA DI LEMBAGA PEMASYARAKATAN, FAKTOR PENYEBAB, IMPLIKASI NEGATIF, SERTA SOLUSI DALAM UPAYA OPTIMALISASI PEMBINAAN NARAPIDANA Angkasa Angkasa
Jurnal Dinamika Hukum Vol 10, No 3 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.3.46

Abstract

Overcapacity happened because growth rate dweller of ill assorted prison with dwelling medium of prison. Besides seems there are some other impeller factors to the happening of the paradigm overcapacity or law factors of itself which tend to oriented  institutional crime (prison). Overcapacity tend to to have negative implication to some matters for example the lowering of security storey;level / observation and also the happening of prisonization. Solution of overcapacity convict in prison in the effort optimalization construction of convict in the effort optimalization construction of convict for example with a few actions having the character of non-institutional in the form of conditional crime, probation, suspended, compensation, restitution and also usage of restorative justice. Keyword: overcapacity, convict, justice restorative
Capturing The Bride Culture In Sumba, East Nusa Tenggara: A Victimological Analysis Nurani, Siti Syahida; Angkasa, Angkasa; Budiono, Arief; Nurdin, Nurdin; Dewi, Dyah Adriantini Sintha
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3637

Abstract

The Sumba people has a culture called ‘capturing the bride’ (kawin tangkap), where a man captures the woman he will marry. But its practice has deviated and it became full of intimidation. This paper aims to analyze the ‘capturing the bride’ practice of Sumba people from the victimological perspective. This was descriptive qualitative research. Results show that the current form of ‘capturing the bride’ is a form of violence against women. The violence experienced by ‘capturing the bride’ victims is motivated by a created opportunity and a man’s idealized need to marry a woman. From the victimological perspective, based on Mendelshon’s theory on the degree of victims’ fault, the above victims are completely innocent victims. Based on Schafer’s concept on victim responsibility, they are categorized as biologically and socially weak victims. Then, if related to Fattah’s theory on victim involvement, they are categorized as non-participating victims.
RULE BREAKING DALAM PENYIDIKAN UNTUK MENGHINDARI KEKERASAN YANG DILAKUKAN OLEH PENYIDIK Raharjo, Agus; Angkasa, Angkasa; Nugroho, Hibnu
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.156

Abstract

Violence in the investigation of the suspects are still frequently performed by the investigator. This study aimed to explore the roots of violence committed by the investigator, the legal basis of the work of investigators and legal protections for suspects, and the use of a scientific investigation in the investigation. This research is a qualitative approach is normative and legal study of the law in action, is a social science that studies non-doctrinal and empirical. The results show several things. First, the investigation of violent behavior against the suspect can be found from the history of the police force who works relating to the police. Second, the investigator and the suspect had an investigation on the basis of legitimacy of national legislation and international. Third, does the rule breaking is possible in the investigation to face the deadlock in the investigation due to the behavior of suspects who do not want to give his testimony by using hypnotic techniques. Keywords: violence, investigation, suspect, rule breaking, hypnosis
PROFESIONALISME POLISI DALAM PENEGAKAN HUKUM Raharjo, Agus; Angkasa, Angkasa
Jurnal Dinamika Hukum Vol 11, No 3 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.3.167

Abstract

Violence is often done by police in the investigation to get a confession the suspect. This behavior has become a habit that can be referenced from various research results, which are caused by lack of supervisory agency investigation, an incomplete legal instruments, the protection of the institution, and the unprofessional attitude of the police. This situation causes no chance to fight for a suspect his rights and the perpetrators of violence inaccessible. Professionalism associated with standardized moral issues into the code of conduct, and any violation of ethics code indicates a problem in the body of moral police. There should be a moral improvement in the investigator for investigation can take place properly and correctly according to expectations. Key words: police violence, investigation, criminal justice system, code of conduct