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All Journal Hermeneutika : Jurnal Ilmu Hukum
Marsudin Nainggolan
Universitas Jayabaya, Jakarta
Law, Crime, Criminology & Criminal Justice

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RESTORATIVE JUSTICE IN HANDLING CRIMINAL ACTS OF NARCOTICS WITH CHILD PERFORMERS IN CONFLICT WITH THE LAW Mugia Yarry Juanda; Zulkarnein Koto; Marsudin Nainggolan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7459

Abstract

Narcotics crimes are not only committed by adults but also children. For cases of criminal acts committed by children, the restorative justice system at least aims to repair/recover criminal acts committed by children with actions that are beneficial to children. This research is included in normative juridical research. The data used is secondary data. Meanwhile, the collection of legal materials is carried out by reviewing and collecting library materials and the analysis method is carried out using a qualitative descriptive method. From the results of the study, it can be concluded that based on the three decisions that the researchers reviewed, namely Decision Number 28/Pid.Sus-Anak/2020/PN Mre with the Defendant Andesta Bin Rusimin, Decision No.02/Pid.Sus-Anak/2015/PN- SAB with the Defendant Fajri Bin Nurdin and Decision Number 06/Pid.Sus.anak/2017/PN-Bir with the Defendant Child, it can be seen that the concept of restorative justice in handling cases of children as perpetrators of narcotics crimes by the panel of judges was not implemented. This can be seen in his injunction; the Panel of Judges actually sentenced the Defendant to years in prison. Whereas the concept adopted by restorative justice is a concept that prioritizes recovery, not retaliation. The ideal concept of restorative justice in handling cases of children as perpetrators of narcotics crimes is a concept that provides a value of justice for both perpetrators and victims, for this reason it is necessary to reform Law Number 35 of 2009 regarding sanctions for child perpetrators of narcotics crimes by eliminating criminal sanctions. imprisonment is half of the adult sentence. It is necessary to build rehabilitation places that specifically deal with children who are perpetrators of narcotics crimes.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN HANDLING THE CRIME OF CORRUPTION COVID-19 AID FUND Putu Ari Sanjaya; Zulkarnein Koto; Marsudin Nainggolan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7460

Abstract

The implementation of restorative justice (restorative justice) in the handling of corruption in the Covid-19 aid fund contained in Decision Number 8/Pid.Sus-Tpk/2021/PN.Jkt.Pst with the Defendant Harry Van Sidabukke, it can be seen that the panel of judges did not apply the concept of restorative justice. Because in its order, the Panel of Judges instead imposed a prison sentence of 4 (four) years on the Defendant. This means that the sanctions imposed by the judge still adopt the concept of retributive justice which focuses more on retaliation. The retaliation is manifested in the form of sentencing the Defendant. In addition, regarding the implementation of restorative justice in handling corruption cases of Covid-19 aid funds that need to be developed in Indonesian law enforcement, it is related to the provision of sanctions for the Defendant to focus more on recovering losses to state finances instead of focusing on retaliation. That is, in this case the application of the concept of restorative justice needs to be considered by the Panel of Judges so that the return of state losses becomes the main crime, not an additional crime. Because in the context of law enforcement in Indonesia, the restorative justice approach for corruption cases, both small-scale corruption and those that cause harm to state finances, has so far not been implemented. This is because the legal basis for the application of restorative justice for corruption cases in the internal prosecutor's office is not sufficient. This is because the current Attorney General's Regulation does not regulate corruption as a case that can be resolved through restorative justice.
Co-Authors Mugia Yarry Juanda Putu Ari Sanjaya Zulkarnein Koto