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All Journal Jurnal Mahasiswa Fakultas Hukum Bengkoelen Justice : Jurnal Ilmu Hukum
Antory Royan Adyan
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Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION POLICY FOR CHILDREN AS RAPE VICTIM IN GETTING REHABILITATION SERVICES Antory Royan Adyan
Kumpulan Jurnal Mahasiswa Fakultas Hukum Doktor Ilmu Hukum 2013
Publisher : Kumpulan Jurnal Mahasiswa Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (194.818 KB)

Abstract

ABSTRACTThis study focused on identifying the rules or norms of positive law, relating toArticle 64 paragraph (3) letter a of Law No.23 of 2002 carried through  rehabilitation efforts, both within the institution and outside the institution. Background inequity of treatment between the rights of offenders and the rights of victims in the criminal justice system. positive in criminal law today is more emphasis on the protection of nonphysical rehabilitation of mental disorder be done "in abstracto" or indirectly berdasakan legal system in Indonesia embraces the Civil Law system, which is based on the written law (written law) and poured as much as possible the norm to the rule of law. Special protection policy that ensures the future of the child victims of crime, in Article 64 paragraph (3) letter a of Law No.23 of 2002, it is necessary written law. Indonesia's civil law system adopted should be clearly mentioned and detailed in order to ensure legal certainty in providing maintenance support services and child care, medical, health care and physical rehabilitation of child psychology. Through the decision  of the judge in imposing its decision based on the principles of organization of the judiciary, in article 2, paragraph (2) No. 48 Year 2009, the Court declared the state to implement and enforce the law and justice based on Pancasila, to implement the provisions of Article 64 paragraph (3) letter a of Law no. 23 of 2002.Key Word : Protection, Law , Childs Victims, Rehabilitation
OPPORTUNITIES FOR IMPLEMENTING THE PRINCIPLE OF STRICT LIABILITY AS A BASIS FOR CORPORATE CRIMINAL RESPONSIBILITY IN ENVIRONMENTAL OFFENSES Ikhsan, M. Fahri; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.31091

Abstract

Implicitly, the provisions in the Environmental Protection and Management Law (henceforth UUPPLH- Undang-Undang tentang Perlindungan dan Pengelolaan Lingkungan Hidup) regarding the principle of strict liability, as stated in Article 88 and its explanation, only regulate strict liability as a civil responsibility. The UUPPLH does not provide provisions on whether the principle of strict liability can be applied as a model for criminal liability, particularly for legal entities or corporations recognized as legal subjects in criminal law (rechtperson). This research aims to analyze and examine the implementation of the principle of strict liability in the UUPPLH and to analyze that violations of environmental offenses under the UUPPLH by corporate legal subjects can be subjected to strict liability as criminal responsibility. The criminal responsibility adopted by Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of fault. Therefore, in applying the strict liability principle in court, it is only used for civil claims, and its use in criminal law enforcement is minimal, as evidenced by several court decisions. In conventional criminal law, criminal liability is based on fault, commonly known as the principle of no punishment without fault (geen straf zonder schuld). However, the principle of strict liability, as liability without fault, is also recognized as a fundamental principle in criminal responsibility.
THE ROLE OF THE POLICE AS MEDIATORS IN RESOLVING CRIMINAL CASES OF DOMESTIC PHYSICAL VIOLENCE THROUGH RESTORATIVE JUSTICE IN THE JURISDICTION OF THE BENGKULU CITY RESORT POLICE Huda, Nur Huda; Hamzah Hatrik; Antory Royan Adyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 1 (2024): April 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i1.32917

Abstract

Based on the data obtained in the resolution of criminal cases involving domestic physical violence through the restorative justice approach in the jurisdiction of the Bengkulu City Resort Police from 2019 to 2021, it has not been able to function optimally. This condition is because the police, particularly the investigators, await a settlement agreement between the parties involved and the withdrawal of complaints by the complainants. This condition raises the question of how the resolution through a restorative justice-based approach, carried out by the police as mediators, can be the best solution for resolving cases involving the parties through a restorative justice approach. This reason is what motivated the author to conduct this research. The methodology employed is empirical legal research, utilizing primary and secondary data. The data was analyzed qualitatively through a juridical lens, leading to inductive conclusions. Based on the results of this research, the following findings emerge: (1). The concept of restorative justice is employed in handling criminal cases with an emphasis on the integration of perpetrators, victims, and the community as a whole, seeking to find solutions and restore a positive relationship between the perpetrator of the criminal act. (2). The role of the police as mediators has yet to be optimally executed, primarily due to concerns and suspicions from the involved parties regarding potential bias by the police towards one party. Internally, the police have established regulations, such as the Telegram Letter from the Head of the Criminal Investigation Division Number S.T./583/VIII/2012 dated August 8, 2012. (3). Investigator's considerations as mediators in using the restorative justice-based approach to resolvedomestic physical violence within the  jurisdiction of the Bengkulu Resort Police include the submission of peace agreements by both the victim and the perpetrator. This consideration is especially relevant in cases of minor physical violence, where the victim does not wish to prolong the case, and the interests of the victim in domestic violence are accommodated Keywords : Police Role, Mediator, Restorative Justice, Domestic Violence
Co-Authors Hamzah Hatrik Huda, Nur Huda Ikhsan, M. Fahri