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All Journal AKSELERASI: Jurnal Ilmiah Nasional Jurnal Kelola : Jurnal Ilmu Sosial
Wandi Subroto
Sekolah Tinggi Ilmu Hukum Rahmaniyah Sekayu
Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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PLURALISME HUKUM SEBAGAI MODEL PEMBANGUNAN HUKUM YANG BERKEADILAN Wandi Subroto
AKSELERASI: Jurnal Ilmiah Nasional Vol 4 No 1 (2022): AKSELERASI: JURNAL ILMIAH NASIONAL
Publisher : GoAcademica Research dan Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/jin.v4i1.500

Abstract

Legal diversity is evident in Indonesian criminal law, which is based on colonial law, and the existing social structures in the country. Furthermore, the 1945 Constitution specifies that as long as customary law groups exist, the state respects and preserves them and their historical rights. To accommodate written and unwritten conventions, diverse legal politics messo (intermediaries) implement macro-legal politics through various legislation. According to Agrarian Law, for example, there has been little recognition that customary law exists. The evolution of Indonesian law depends on recognizing and promoting the country's substantial plurality of legal systems.
PERLUNYA KEADILAN RESTORATIF DALAM SISTIM PERADILAN ANAK TERHADAP KENAKALAN REMAJA Wandi Subroto
Jurnal Kelola: Jurnal Ilmu Sosial Vol 5 No 1 (2022): Jurnal Kelola : Jurnal Ilmu Sosial
Publisher : Globalwriting Academica Consulting & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (111.766 KB) | DOI: 10.54783/jk.v5i1.491

Abstract

Children and adolescents are the nation's most important assets, and they must be protected from harmful influences that might lead to juvenile delinquency, which leads to criminal activities, and punishment by the law. In Indonesia, a crime is punished according to the court's ruling. If done to children or teenagers, it can lead to negative stigma and discrimination that can impact their future development. For this reason, other approaches to child-related legal cases, such as restorative justice, must be considered. As a result, this study seeks to assess the impact of restorative justice in Indonesian juvenile courts. The research method used is normative juridical legal research, and the research strategy is legal. Secondary data sources include literature and document investigations. The research concluded that diversion is one of the alternatives for addressing legal issues outside of court, as stated in Law No. 11 of 2012 about the Juvenile Justice System, stressing deliberation among perpetrators, victims, families, and connected parties. Recovery, not vengeance, is the aim.
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