Article Per Year (5 Year)
p-Index From 2020 - 2025
0.983
P-Index
This Author published in this journals
All Journal Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Journal of Law and Policy Transformation Jurnal Ilmu Hukum Kanturuna Wolio
Done, Hardi
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
TINJAUAN YURIDIS TENTANG PROSES PEMBUKTIAN TINDAK PIDANA OLEH ANAK MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK: (Putusan Nomor 6/Pid.Sus-Anak/2022/PN Psw) Done, Hardi; Samaluddin, Samaluddin; Wahyudi, Arif
Jurnal Ilmu Hukum Kanturuna Wolio Volume 5, Nomorr 2, Juli 2024
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v5i2.1601

Abstract

From the research results, the process of proving child crimes is different from proving general crimes (adult criminal cases). The process of proving child criminal acts is regulated in Law Number. 11 of 2012 concerning the Juvenile Criminal Justice System. In terms of evidence to prove children's cases, it is not specifically regulated in the SPPA Law, therefore it still refers to the Criminal Procedure Code (KUHAP) Article 184. The absence of guidelines for implementing diversion practices for law enforcement officers has caused the implementation of diversion to vary depending on understanding of law enforcement officers and lack of understanding in the implementation of the SPPA Law by law enforcement officers.
Efektifitas Penanganan Kecelakaan Lalu Lintas Melalui Restorative Justice di Polres Baubau Mustafa, La Ode Ali; Samaluddin, Samaluddin; Done, Hardi
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 2 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i2.7600

Abstract

This study aims to determine the role of traffic police in handling traffic accident cases through RJ at Baubau Police Station. This research was conducted at Satlantas Polres Baubau. The method used in this research is empirical legal research with data collection through document study and interviews. Sampling was done non randomly with a purposive sampling technique. The data was analyzed using qualitative analysis. The results showed that the settlement of accident cases through restorative justice in 2021–2022 was 306 cases. The obstacles to settlement carried out through Alternative Dispute Resolution (ADR) are carried out by bringing together the victim and the perpetrator. After being brought together, mediation is carried out, which ends with a peace agreement. With a peace agreement. And through Restorative Justice, the restorative justice approach is an option given by the police to the parties involved in a criminal offense. police to the parties involved in a criminal offense. Traffic accident cases can be resolved in a restorative justice process, which is a family settlement to produce a win-win solution for both parties without having to go through the legal process.
EDUCATING CHILDREN ON LEGAL MATTERS THROUGH LOCAL WISDOM PRINCIPLES APPROACHES AND ENHANCING RESTORATIVE JUSTICE IN THE CRIMINAL LAW SYSTEM: (strengthening Restorative Justice in the Criminal Law system) Suwito, Suwito; Bukit, Jonneri; Sanathana Ishwara, Ade Sathya; Done, Hardi; Moodley, Isabel
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7706

Abstract

Providing a safe environment for children with legal issues is crucial in order to reduce the likelihood that they may commit similar crimes in the future. However, modern methods are often punitive and overlook the need of victim counselling and rehabilitation. This research seeks to address (1) How might a restorative approach be included into the resolution of juvenile court cases? and (2) How to tap into indigenous knowledge to implement Restorative Justice practices that help young offenders in Indonesia. The normative judicial procedure is adopted for this study. The findings highlighted the necessity to reevaluate the priority of customary law in attaining Restorative Justice in resolving legal disputes involving children in Indonesia. From the perspective of adat and local knowledge, criminal cases are issues that can only be handled with the participation of victims, their families, and the surrounding community. When it comes to investigating crimes, indigenous methods and local knowledge take cultural and social factors into account as well. The offered penalty is punitive, edifying, and beneficial to society as a whole in this circumstance. When put into practice, this method may enhance the restorative justice system in criminal law and educate youngsters how to cope with legal issues
KAJIAN SOSIO YURIDIS PROSES PELAKSANAAN PRAPERADILAN DI PENGADILAN NEGERI BAUBAU Done, Hardi; La Ode, Bunga Ali; Ridjalin, Dedy Sarman
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 1, January 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i1.1759

Abstract

This research aims and examines the Socio Juridical Study of the Pretrial Implementation Process at the Baubau District Court. This study was carried out by combining juridical facts and field facts. Juridical facts show that every pretrial application submitted by the applicant must have a decision, whether the application is granted or rejected. After research has been carried out and this study has been compiled using field data, it will be found that if the process of arrest, detention, termination of investigation or prosecution and compensation or rehabilitation is legal, it can be concluded that: If the applicant's application is reasonable and can be proven, the pre-trial institution will issue a pre-trial decision, if it is unfounded and cannot be proven, then the judicial institution will issue a rejection decision or before the examination is complete the applicant withdraws the application or before the pre-trial examination of the main case has been submitted and heard then it will be dismissed. the pretrial application. The factors causing there to be no pre-trial decision are closely related to whether the petition is reasonable and can be proven or not or whether the applicant withdraws the petition before the case is finished or the main case has entered the trial process and has not been completed so the petition is dismissed.
PERAN HUKUM ADAT DALAM PENYELESAIAN PERKARA PIDANA PENCEMARAN NAMA BAIK STUDI DI LEMBAGA ADAT LIPU KATOBENGKE Done, Hardi; Fahri, Heriyadin
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 2, July 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i2.1899

Abstract

  This research discusses the role of customary law in the resolution of criminal cases, particularly defamation, in the Lipu Katobengke indigenous community in Southeast Sulawesi. Customary law in this region serves as a mechanism for conflict resolution that emphasizes local wisdom values and social harmony. This study employs a normative-empirical approach, with data collection through interviews, observations, and literature studies. The results of this study indicate that the Lipu Katobengke community still relies on customary leaders to resolve criminal cases, with a mediation process involving all relevant parties. The sanctions applied vary, ranging from light sanctions in the form of fines to heavy sanctions that are now handed over to the authorities. This research emphasizes the importance of preserving the culture and traditions of customary law, as well as the need to enhance the capacity of customary leaders in conflict resolution. Furthermore, cooperation between the indigenous community and the authorities is essential to ensure the sustainability of customary law in a modern context.
Co-Authors Arif Wahyudi Bukit, Jonneri Fahri, Heriyadin La Ode Bunga Ali Moodley, Isabel Mustafa, La Ode Ali Ridjalin, Dedy Sarman Samaluddin, Samaluddin Sanathana Ishwara, Ade Sathya Suwito Suwito