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All Journal Indonesian Journal of Multidisciplinary Science Rechtsnormen Journal of Law
M. Iman Santoso
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences

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The Regulation of Diversion in Indonesia’s Juvenile Criminal Justice System Oriented Toward the Best Interests of the Child And Fairness Walim, Walim; Santoso, M. Iman; Haryono, Waty Suwarty; Marbun, Rocky
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.1280

Abstract

Background. Children in conflict with the law require special protection, and diversion is a mechanism designed to shift the resolution of juvenile cases from the criminal justice process to alternative, non-judicial measures. In Indonesia, the implementation of diversion under Law No. 11 of 2012 has not yet been fully optimized, with law enforcement, prosecution, and courts often prioritizing imprisonment as the primary response. This approach fails to serve the best interests of the child, as the current diversion regulations limit its application to specific offenses. Purpose. This study identifies several issues, including the practical implementation of diversion within Indonesia's juvenile justice system, why the current diversion rules are not fully oriented toward the child's best interests, and how these regulations have improved. Method. The research employs a normative legal method with an empirical juridical approach. Result. The findings indicate that although Law No. 11 of 2012 substantively regulates diversion and promotes restorative justice, there are still weaknesses in the legal substance, legal system, and legal culture. Reform is necessary to address these shortcomings, taking into account sociological, philosophical, and psychological perspectives. Changes to the diversion regulations should include all juvenile offenses without limitation and ensure that diversion is oriented toward the best interests of the child while incorporating principles of justice for victims, including compensation and the restoration of relationships between victims and offenders, by Article 1320 of the Indonesian Civil Code. Conclusion. Indonesia's Juvenile Criminal Justice System, under Law Number 11 of 2012, aims for non-punitive measures but struggles with limited implementation due to legal structure and practice issues. To enhance the system, Article 7, paragraph (2), letter (a) should be amended to allow diversion for all juvenile offenses, reflecting principles from the Convention on the Rights of the Child and restorative justice. If diversion fails, the judicial process can proceed as per existing laws.
Normative construction of restorative justice implementation in accelerating state losses return in corruption crimes Zahrulyani, Arip; Santoso, M. Iman; Maksum, Irfan Ridwan; Pratiwi, Siswantari
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 9 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i9.898

Abstract

The objective of this study is to explore the philosophical foundation for the application of restorative justice approaches in cases of corruption in Indonesia. The study aims to examine and analyze the success related to efforts to reclaim and take back state financial reimbursement due to corruption based on the provisions of Article 18 of Law Number 31 of 1999 concerning eradication of corruption crimes, which is mainly carried out by the process of confiscating the assets of the suspect's wealth which are found to have a relationship and link and match relationship with the suspect and his corruption crime. The research is intended to explore and discuss the shortcomings and challenges, both substantive and formal, in asset seizure for state recovery, as well as the analysis of the success of recovering substitute money in combating corruption crimes. Based on the research, it is concluded that the philosophy of Pancasila as a source of values derived from its five principles to guide the enforcement of law in Indonesia can be employed to examine Indonesian law.
Resolution of employment termination disputes in the industrial relations court cocerning works rights specifically in relation Sunarno, Sunarno; Santoso, M. Iman; Anggaraini, AM Tri; Budiman, Anwar
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 1 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i1.1012

Abstract

This paper examines how future arrangements can enhance legal certainty and foster a sense of justice for workers in Indonesia, thereby positively impacting the overall business environment. The study provides a conceptual framework for evaluating and proposing legal and policy reforms that can ensure justice for the workers. The research serves as a foundation for policymakers to design and implement effective labor laws that promote fairness and equity. The findings of this study have practical implications for businesses operating in Indonesia. This research contributes to the understanding of the intersections between legal frameworks, workers' rights, and business practices in the Indonesian context. The results of this research provide valuable guidance for stakeholders, including government agencies, businesses, and labor organizations, on the importance of creating arrangements that support worker justice.
Co-Authors Anggaraini, AM Tri Anwar Budiman Irfan Ridwan Maksum, Irfan Ridwan Rocky Marbun, Rocky Siswantari Pratiwi Sunarno Sunarno Walim, Walim Waty Suwarty Haryono Zahrulyani, Arip