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All Journal Jurnal Riset Mahasiswa Akuntansi (JRMA) Al Kalam : Jurnal Komunikasi, Bisnis dan Manajemen CEBONG Journal Sustainable : Jurnal Akuntansi Journal of Governance, Taxation, and Auditing Protection: Journal Of Land And Environmental Law Media Ilmiah Akuntansi Peradaban Journal of Law and Society Journal of Political And Legal Sovereignty Journal of Entrepreneurial and Business Diversity Indonesian Journal of Economic & Management Sciences (IJEMS) Jurnal Manajemen Bisnis dan Kesehatan Journal of Economics, Management, Accounting and Computer Applications Siber International Journal of Advanced Law META - JOURNAL
Padlah Riyadi
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Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Protection: Journal Of Land And Environmental Law

 1 
Legal Protection for Child Victims of Crimes According to The Child Criminal Justice System in Indonesia RIYADI, Padlah
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1207

Abstract

Children are legal subjects and national assets, but every year, juvenile delinquency always increases. One of the efforts to overcome juvenile delinquency is implementing a juvenile criminal justice system. Law Number 3 of 1997 concerning Juvenile Courts specifically regulates the juvenile criminal justice system in Indonesia. The philosophical paradigm of Law Number 3 of 1997 adopts a formal legal approach with an emphasis on punishment. The process of punishment given through formal criminal justice placing children in Correctional Institutions has not succeeded in deterring them. This study uses a normative legal approach method, examining secondary data collected using literature studies using a legislative and conceptual approach. The formulation of policies for handling children must be carried out using a restorative justice approach, a settlement process carried out outside the criminal justice system by involving victims, perpetrators, families of victims and perpetrators, the community and those interested in a crime that occurs to reach an agreement and resolution. This policy is based on the fact that the response or reaction of perpetrators of juvenile delinquency is ineffective without the cooperation and involvement of victims, perpetrators and the community. Restorative justice-based legal protection for children as victims in handling legal cases requires child judges at the District Court to conduct diversion before examining criminal cases of children, as ordered by the SPPA Law. Diversion must be carried out within 7 days, involving related parties, according to the terms and conditions stipulated in the SPPA Law.
Restorative Justice Reconstruction with The Indonesian Criminal System After Law No. 1 of 2023 RIYADI, Padlah
Protection: Journal Of Land And Environmental Law Vol. 2 No. 3 (2024): Protection: Journal Of Land And Environmental Law. (March – June 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i3.1208

Abstract

The reform of criminal law in Indonesia through the new Criminal Code adopts the principle of Restorative Justice, with the formulation of restorative criminal acts, opening up opportunities to make it the basis for reforming criminal law in the future. Discussion, ratification, and implementation of the draft Criminal Code following the current Indonesian values are no longer by the nation's culture based on Customary Law and other diverse values. This research is normative, conceptualizing law as a written rule or norm that becomes a standard of behavior. The data used is secondary data, including primary, secondary, and tertiary legal materials related to Restorative Justice. Research results: The implications of Restorative Justice after ratifying the RKUHP into the Criminal Code Law reflect fair and dignified law. The substance of Restorative Justice is spread across various articles, including Article 51, which emphasizes the purpose of punishment to re-educate prisoners with forgiving divine values. This principle underlies the belief that humans can change towards goodness despite misbehaving. Article 52 of the Criminal Code Law emphasizes that punishment must not degrade human dignity. It can be concluded that the substance of restorative justice that has been facilitated in the Criminal Code Law, articles 51, 52, 53, 54 and especially Article 132, which states that the authority to prosecute is null and void if a settlement has occurred outside the judicial process, is relevant to the idea and purpose of the law itself.
Co-Authors Ade Adriani Ayu Octaviani Ayu Oktaviani Ayu Oktaviani, Ayu Bakri Noor, Fatmawati Erllycha Novian Nur Fatmawati Bakri Noor Muhammad Irfani Faisal Noor, Fatmawati Bakri Norlena Novita W Respati Novita W. Respati NUR, Erllycha Novian Nurdin Nurdin Respati, Novita W Sanusi Sanusi Sanusi Sanusi Sanusi Sanusi