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All Journal KURVA S JURNAL MAHASISWA JURNAL INSTEK (Informatika Sains dan Teknologi) Dinasti International Journal of Digital Business Management Journal of System and Computer Engineering Justness : Jurnal Hukum Politik dan Agama Jurnal Media Teknologi ZAD Al-Mufassirin Jurnal Mosfet Jurnal Sintaks Logika (JSilog) Al-Usariyah: Jurnal Hukum Keluarga Islam
MUHAMMAD ZAINAL
UNTAG Samarinda
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Education Electrical & Electronics Engineering Energy Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Social Sciences Other

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Journal : Justness : Jurnal Hukum Politik dan Agama

 1 
IMPLEMENTASI DIVERSI BAGI ANAK DIBAWAH UMUR YANG MELAKUKAN TINDAK PIDANA BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 11 TAHUN 2021 TENTANG SISTEM PERADILAN ANAK Zainal, Muhammad
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.44

Abstract

ABSTRACT This research aims to analyze the implementation of diversion for underage children who commit criminal acts in accordance with the provisions of Law Number 11 of 2021 concerning the Juvenile Justice System. Diversion is an alternative approach in handling juvenile offenders with the aim of providing a learning experience without going through formal court proceedings. This study examines the process of implementing diversion, influencing factors, and the impact of using diversion on underage juvenile offenders. The research method employed in this study is a normative juridical approach. The normative juridical approach involves studying theories and concepts related to normative issues through literature review by examining existing legal materials. Furthermore, this research also utilizes a statute approach, which involves analyzing regulations and rules related to the legal issue, especially Law Number 11 of 2021. The research findings indicate that the implementation of diversion has progressed, but still faces various challenges such as diverse understandings from those involved in the juvenile justice system and the community, as well as resource limitations. These outcomes are influenced by factors such as awareness of the importance of rehabilitating children, community involvement, and coordination among relevant institutions, which significantly impact the success of diversion implementation. In the long term, diversion is expected to contribute positively to improving the behavior of juvenile offenders, reducing recidivism rates, and minimizing the negative impact of the criminal justice system on underage children. This study provides in-depth insights into the implementation of diversion for underage children involved in criminal acts or commonly known as children in conflict with the law, focusing on legal, social, and rehabilitative aspects. The implications of this research are expected to support efforts to improve the juvenile justice system and provide guidance for stakeholders to take effective steps in facilitating diversion as a viable alternative in addressing juvenile offenders.
ANALISIS PERBUATAN MENGHALANGI PROSES PENYIDIKAN, PENUNTUTAN DAN PERADILAN (OBSTRUCTION OF JUSTICE) DALAM SISTEM PIDANA DI INDONESIA Suryadi, Mohammad Anton; Zainal, Muhammad
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.46

Abstract

ABSTRACT Obstruction of justice or what is betterly known as the acts of obstructing to the judicial process is a type of crime because its action is considered to hamper the law enforcement system and damage to the image of law institutions. The obstruction of justice aims to obstruct or have effect to pervert the legal process and to disrupt the proper function of a judicial process. Another definition of obstruction of justice is an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threatening witnesses, inappropriate conversations with the jury (judge), hiding evidence, or interfering with the arrest process. Therefore, the obstruction of justice is considered as any types of intervention to the entire legal and justice process from beginning till ending. Therefore, the obstruction of justice is categorized as a type of criminal acts of the contempt of court. The criminal law system of Indonesia normatively regulates acts of obstructing the justice process in many regulations, both generally in the penal code and the specific criminal laws that regulate the eradication of corruption, the eradication of terrorism, the eradication of human trafficking, prevention and eradication of money laundering and narcotics law. The point that needs to be paid attention to regarding acts of obstructing the judicial process in the penal code is that of many articles that can be analogous as the acts of obstructing the judicial process, there are 2 (two) articles that clearly state the elements of preventing, obstructing, thwarting, causing trouble, obstructing the judicial process. The same elements have also been regulated in the articles which constitute as the acts of obstructing to the judicial process in the specific criminal laws. Keywords: the acts of obstructing to the judicial process, Criminal System of Indonesia
Co-Authors Abdul Rahman Ramadhan Aktif Budiono, Nur Alam, Syahirun Arfiansyah, Wahyu Arya, Muhammad Hernan Corida, Marselus Setiawan Deni Irawan, Deni El Farabi, Muhammad Nadzif Emil Fazil, Muhammad Ismail, Muh Lestari Zakaria, Puji Ayu Marlina Marlina Masnur Masnur Muhammad Basri Multi Lahan, Sumantri Nasution, Ali Napiah Nirwandar, Aries Nugroho, Kevin Zidane Pawelloi, A. Irmayani Suryadi, Mohammad Anton Tri Putra, Kurniawan Wahyuddin Wahyuddin Zain , Bayu Rizky Fachri