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Journal : Jurnal Jendela Hukum

PERLINDUNGAN HUKUM KHUSUS BAGI ANAK DALAM MASA PANDEMI COVID-19 OLEH DP3A KOTA SEMARANG Saraswati, Rika; Soerjowinoto, Petrus; Boputra, Emanuel
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2433

Abstract

Many Indonesian children lost their parents who died because of Covid-19. These children need special protection and have rights that must be fulfilled by governments (either central or local). The aims of this study are to: 1) find out the role of the Semarang City Women's Empowerment and Child Protection Service (DP3A) in carrying out special protection for children whose parents died due to the COVID-19 pandemic and 2) find out the obstacles that are faced by DP3A in implementing this special protection. This research is a non-doctrinal (empirical) legal research and the data used are primary and secondary data. Primary data was obtained through interviews with the Office of Women's Empowerment and Child Protection (DP3A) Semarang City. Secondary data was obtained through literature study related to legal materials according to the research topic. The results of the study demonstrate that the Office of Women's Empowerment and Child Protection (DP3A) has carried out an imperative role in accordance with its duties and functions in accordance with applicable laws and regulations, namely in the field of child protection. The obstacles faced by DP3A are: limited authority and incomprehensive policy.
EVALUASI PENERAPAN DIVERSI DAN RESTORATIF JUSTICE 12 TAHUN BERLAKUNYA UU SPPA Saraswati, Rika; E Simandjuntak, Marcella; Soerjowinoto, Petrus; Boputra, Emanuel; M.K. Wijaya, Emilia

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4215

Abstract

Restorative justice with a diversion approach has been initiated since 2012 following the promulgation of the Juvenile Criminal Justice System Law. After twelve years of this system being implemented how far has it been implemented, 2) what does the law apparatus encounter the obstacles? This research falls into the realm of qualitative research. The research location was determined at the Semarang District Court, Semarang Prosecutor's Office, Bapas, Semarang City Regional Police. Qualitative research is written on the base of primary data and secondary data. Primary data was obtained through interviews with informants and respondents. The study has demonstrated that the application of diversion and restorative justice in resolving juvenile criminal cases is based on Law Number 11 of 2012 concerning the Criminal Justice System and other regulations issued by law enforcement agencies. Diversion is generally carried out using restorative meetings (restorative conferencing). Factors that become obstacles are legal regulations that do not fully and clearly regulate restorative justice and diversion, law enforcement officers who do not understand children's rights, lack of understanding from families and communities, and lack of facilities and infrastructure to support the Juvenile Criminal Justice System Law. The implementation of diversion and restorative justice must be based on the principles of the child's rights.