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Journal : Law Development Journal

The Settlement of Criminal Actions of Traffic Accidents with Child Performers Yheni Dwi Sukmawati; Bambang Tri Bawono; Achmad Sulchan
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.423-430

Abstract

The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.
The Implementation of Restorative Justice Approach through Restorative Justice Handling in Criminal Acts of Fraud & Embedding Risqi Akbar; Sri Kusriyah; Achmad Sulchan
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.381-388

Abstract

The objectives of this study are as follows: To find out and analyze the application of case settlement through a restorative justice approach in handling fraud and embezzlement crimes. The method used by the researcher is juridical sociological approach. The specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study that the application of case resolution through a restorative justice approach in handling the crime of fraud and embezzlement is carried out through a mechanism of several stages so that the action is truly an effort to enforce the law by prioritizing the principle of restorative justice. The application of this principle is a breakthrough in law enforcement, so that it can speed up the settlement of cases, the costs incurred are relatively cheaper and indirectly have an impact on improving the performance of investigators.
The Law Enforcement Policy On Traffic Accident By Police Cahyo Dwi Prakosa; Umar Ma'ruf; Achmad Sulchan
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.347-354

Abstract

The purpose of this research is to find out and analyze the law enforcement against traffic accidents by the police in the jurisdiction of the Batang Resort Police. To know and analyze the factors that hinder the settlement of traffic accident casesin the jurisdiction of the Batang Resort Police. To know and analyze the law enforcement policies by the police to handle traffic accidents in the jurisdiction of the Batang Resort Police. This study uses a sociological juridical approach, with a descriptive analytical research specification. The data used in this study are secondary data obtained from literature study. The data were analyzed in a qualitative juridical manner. The results of this study are Law Enforcement Against Traffic Accidents by the Police is law enforcement can be done penal and non-penal. Law enforcement efforts through the penal route focus more on the repressive nature (oppression/eradication/suppression) after the crime has occurred, while the non-penal route focuses more on the preventive nature (enforcement/deterrence/control) before the crime occurs. Basically law enforcement is the implementation of criminal policy (criminal policy) by using criminal policies carried out through the mechanism of the criminal justice system (criminal justice system).The factors that hinder the settlement of traffic accident cases are: Summoning or Presenting a Witness and Factors Lack of Legal Knowledge. Policies for Law Enforcement by the Police for Handling Traffic Accidents are by conducting blue patrols at violator-prone hours on the road, conducting cross patrols, socialization (security, safety, traffic order to road users), and installing banners at traffic accident-prone points.