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All Journal KRTHA BHAYANGKARA Ekasakti Jurnal Penelitian dan Pengabdian (EJPP) Devotion: Journal of Research and Community Service Jurnal DIALEKTIKA : Jurnal Ilmu Sosial Jurnal Pengabdian Mandiri Berdikari : Jurnal Pengabdian kepada Masyarakat Journal of Innovative and Creativity Melayunesia Law
Wagiman .
Dosen Universitas 17 Agustus 1945 Jakarta
Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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Ultimum Remedium Principles: Realizing Restorative Justice For Children In Conflict With The Law Wagiman Wagiman; Didi Jubaidi
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.2984

Abstract

This research analyzes the extent to which the concept of the Ultimum Remedium Principle becomes the principle basis for judges to keep children out of prison. This principle encourages problem-solving efforts involving perpetrators, victims and other parties. The provisions of Law No. 11/2012 are a form of certainty in providing clear guidelines for judges in making decisions that are optimal for the interests of children, in accordance with the principle of the Ultimum Remedium Principle. Nonetheless, some judges still tend to take action based on the theory of retaliation when determining responsibility for the wrongdoing committed by the child. This study aims to determine the extent to which this country has a legal umbrella in protecting children and to determine the optimization of the application of the ultimum remedium principle to crimes committed by children. This research is a normative juridical study. The results showed that the settlement of cases of children in conflict with the law according to Law No. 11/2012 is to prioritize alternative out-of-court settlements which are the basic principles in the legal system governing child protection. This approach is in line with the principles of human rights and the best interests of the child.
Co-Authors Adrian Bima Putra Adriansyah Halim Didi Jubaidi Gunawan Widjaja Iwan Sumiarsa Lisno Setiawan Marwan Suliandi Natasya Alfitri Novi Rizky Ramadhani Siti Nur Azizah Tuti Widyaningrum Warih Anjari Warih Anjari Wibowo Laksono Widodo Yanto Jaya Yanuar Rahmadan Yasmirah Mandasari Saragih Yohana Tri Oktaviani