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Journal : Law Development Journal

The Implementation of Child Violence Law which Caused the Fatal Death Teguh Ariawan; Siti Rodhiyah Dwi Istinah; Denny Suwondo
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.154-161

Abstract

The purpose of this study is to determine and analyze the application of the law on child abuse that causes death with child perpetrators. The approach method used in this research is sociological juridical, emphasizing research that aims to obtain legal knowledge empirically by going directly to the object. Violence committed by minors resulting in the loss of a person's life must be enforced by law in accordance with its handling. The disappearance of life for the purpose of a crime, whether intentional or unintentional, cannot be justified by law. Law enforcement is a form of effort in creating justice for perpetrators and victims. The results of the study did not find anything that could eliminate criminal liability, either as a justification or excuse for forgiveness, so the child must be held accountable for his actions by being sentenced to imprisonment for 3 (three) years and 6 (six) months at the Child Special Guidance Institution (LPKA). Class I Kutoarjo.
The Process of Investigation on Child Criminal Theft Committed Under Diversion Wahyu Ismail; Jawade Hafidz; Denny Suwondo
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.4.2.272-278

Abstract

The purpose of this research is to find out and analyze the process of investigating the crime of children committing theft which is not diverted. To find out and analyze the obstacles in the process of investigating the crime of children committing theft that is not diverted and the solution. The method used by the researcher isnormative legal approachandThe specifications in this study are descriptive.The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study thatThe Process of Investigating the Crime of Children Committing Theft That Wasn't Done Diversioni.e. investigators make summons, arrests, search bodies/houses, confiscate evidence, detain and file cases they handle. In addition, investigations of children who commit crimes of theft are carried out in a family atmosphere to children who carry out the investigation process. consideration or advice from community counselors or if necessary to educational experts, psychologists, psychiatrists, religious leaders, social workers and other experts in Cirebon Regency.The obstacle isThere is no Social Welfare Organization (LPKS), not all cases can be diverted and detention for investigation purposes too short. The solution is the Police Coordinates with the Government on LPKS, Investigators Provide Advice to Perpetrators and Victims, Police Conduct Workshops to Discuss the Juvenile Justice System Act.
The Legal Protection for Children as Criminal Actors Robertus David Mahendra Saputra; Jawade Hafidz; Denny Suwondo
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.4.3.461-469

Abstract

The purpose of this research is to analyze the legal protection of children as perpetrators of criminal acts, to analyze the obstacles in the legal protection of children as perpetrators of criminal acts, and to analyze solutions to obstacles in the legal protection of children as perpetrators of criminal acts. This research uses a normative juridical approach, with descriptive research methods that are analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study concluded that the form of legal protection given to children as perpetrators in criminal acts is in accordance with Act No. 11 of 2012 concerning Juvenile Justice and the Criminal Code, namely returning to parents (Article 45 of the Criminal Code), rehabilitation, detention processes (Article 32 of Act No. 11 of 2012). The obstacles faced are the psychological condition of the child who is still unstable, the origin of the perpetrator, and the time required to administer the judicial process, and the lack of cooperation and coordination between the perpetrator, the victim, and the Fathers. The solution that can be given is coordination between stakeholders in handling children in conflict with the law (ABH) must be more intense, it is necessary to involve the community and non-governmental organizations (NGOs) in prevention programs and after care programs for children in conflict with the law (ABH), encourage various parties to intensify case resolution using the principle of restorative justice by means of diversion