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The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System Hendra Wahyudi; Umar Ma'ruf; R. Sugiharto Sugiharto
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.4.3.373-380

Abstract

One form of legal protection for children is to realize the fulfillment of the rights and obligations of the child itself. Especially for children in conflict with the law, their problem solving process requires special attention. This study aims to analyze the application of diversion in restorative justice for children who are in conflict with the law in the juvenile criminal justice system. The type of research conducted is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the criminal justice system. The results showed that the application of diversion in restorative justice in the system of applying diversion to children in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and the victim or his family, but a form of punishment for children in conflict with the law in an informal way. The recommendation in this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions at court trials should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community.
The Forfeiture of the Convict's Assets Obtained from the Corruption Crime Yoga Ristamana; Umar Ma'ruf; R. Sugiharto Sugiharto
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The practice of corruption in Indonesia occurs in almost every layer of the bureaucracy, both legislative, executive and judicial, and has even become entrenched and has also spread to the business world, making it very difficult to change it. That uncovering criminal acts of corruption, finding the perpetrators and placing the perpetrators of criminal acts in prison has not been effective in reducing the level of corruption crimes, especially if it is not accompanied by efforts to confiscate and confiscate the proceeds of corruption. This study was conducted to determine the implementation of the seizure of assets convicts of corruption in the criminal act of corruption Jiwasraya. This study uses an empirical juridical approach with descriptive analytical research specifications, types and sources of data, namely primary data by conducting interviews and secondary data by conducting library research. The results of the study indicate to determine the implementation of the seizure of assets convicts of corruption in the criminal act of corruption Jiwasraya. The inhibiting factor is that many goods resulting from corruption have been transferred to other parties as well as legal constraints, while efforts to overcome them are that clear rules are needed to carry out the seizure of assets belonging to the Jiwasraya corruption convicts, and cooperation with related parties is needed to facilitate the implementation of asset confiscation convicted of corruption.
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.