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All Journal Nagari Law Review Jurnal Hukum dan Sosial Politik
Somawijaya Somawijaya
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Law, Crime, Criminology & Criminal Justice

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Reformulasi Diversi Dalam Undang-Undang Nomor 11 Tahun 2012 Sebagai Upaya Perlindungan Anak Muhammad Ridho Sinaga; Somawijaya Somawijaya; Agus Takariawan
Nagari Law Review Vol 5 No 1 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.1.p.92-102.2021

Abstract

Discussing that children is very important. The Protection of children in a nation's society is a benchmark for the nation's civilization itself. Therefore, all elements of society and components of the nation must strive so that children do not commit crimes or other disgraceful acts. Diversion efforts are carried out in every legal process by law enforcers, the Police, the Public Prosecutor, and the Court. In practice, diversion has not been tested for its effectiveness for 3 parties. This study examines the concept of diversion in the juvenile criminal justice system in Indonesia and diversion reformulation that reflects the principle of child protection. The method used in this research is descriptive analysis. The purpose of this study was to determine the concept of diversion in the juvenile criminal justice system in Indonesia and to reformulate diversion that reflects the principle of child protection. The results of this study are, the concept of diversion in the juvenile criminal justice system in Indonesia is a concept by diverting a case from a formal process to a non-formal process. The main principle of implementing the concept of diversion, namely persuasive action or a non-penal approach that provides an opportunity for someone (especially child) to correct mistakes and become a good person again. Reformulation of law enforcement against criminal acts committed by children should be carried out, of course by reforming the criminal law by revising regulations and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, especially regarding diversion requirements, in the provisions of article 7 paragraph (2) letter (a) Law no. 11 of 2012 concerning Juvenile Justice System, with Article 9 paragraph (2).
Analisis Pertimbangan Hakim Mengenai Keadaan Meringankan Hukuman Pada Putusan MA Nomor 813k/Pid/2023 Berdasarkan Asas Proporsionalitas Pemidanaan Helda Okta Havifah; Somawijaya Somawijaya; Rully Herdita Ramadhani
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3657

Abstract

This research aims to analyze the judge's considerations regarding the circumstances of mitigating the sentence in the Supreme Court decision Number 813k/Pid/2023 based on the principle of proportionality of punishment. The principle of proportionality of punishment is a principle of criminal law which demands that the punishment given must be proportional to the error committed by the convict. The research method used is a literature study by collecting and analyzing data from relevant Supreme Court decisions as well as theoretical reviews related to the principle of proportionality of punishment. The research results show that the judge's consideration of Inspector General Ferdy Sambo's service as a member of the National Police as a mitigating circumstance was appropriate. Although theoretically, a person's service should not be used as a reason to mitigate punishment, in practice, the service of a defendant is often considered in court decisions in Indonesia. However, the judge's consideration of merit as a reason for mitigating punishment in this case was not sufficient to reduce the reproach attached to the defendant, especially with his state apparatus status. Therefore, the decision of the panel of judges to change the sentence to life imprisonment was wrong and not in accordance with the principle of proportionality
Co-Authors Agus Takariawan Helda Okta Havifah Muhammad Ridho Sinaga Rully Herdita Ramadhani