Suryawan Raharjo
Magister Ilmu Hukum Universitas Janabadra

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Application of diversion of children in the action of criminal criminal justice in the children criminal justice system (Case study on Determination of Diversity Number 7 PenDiv 2019 PN Kln Pambudi Tulus Nugroho; Suryawan Raharjo
Kajian Hasil Penelitian Hukum Vol 4, No 1 (2020): Mei
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (638.852 KB) | DOI: 10.37159/jmih.v4i1.1231

Abstract

In order to deal with and overcome various problems of abuse committed by minors, it is necessary to consider the position of the child for the protection of children, namely non-discrimination in the child's best interests, survival and growth. The purpose of this study was to determine and analyze the application of diversion against children perpetrators of torture in the criminal justice system of children in the case of establishing diversion Number: 7  Pen.Div  2019 PN Kln, as well as to find out and analyze the obstacles experienced in applying the diversion against child perpetrators of criminal offenses in the juvenile justice system in the case of diversion Number: 7  Pen.Div 2019 PN Kln and how to overcome these obstacles. This research method is carried out using the statutory approach. Primary data and secondary data obtained are then analyzed by revealing the facts in sentence form. For all data obtained from the results of these studies the authors use qualitative analysis methods. Diversion is applied to child offenders of torture. Every criminal offense committed by a child can be resolved by restorative justice, as long as the child's case is in accordance with Article 7 of Law Number 11 Year 2012 concerning the Criminal Justice System for Children and the requirements for diversion are fulfilled, it must be pursued restorative justice. Obstacles experienced in the application of diversion against child offenders, including lack of community understanding, lack of deterrent effect, short investigation time, victims and suspects there are still blood relations, children are less cooperative, lack of parental awareness, lack of cooperation with Social Workers, difficult children found, parents who are passive as well as family support for children are absent and the education and community sides do not support. 
Peran Penyidik Harta Benda Dalam Rangka Menangani Pelaku Tindak Pidana Pemalsuan SuratGuna Terwujudnya Kepastian Hukum di Kepolisian Daerah Daerah Istimewa Yogyakarta Suranto Suranto; Lilik Mulyadi; Suryawan Raharjo
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (550.123 KB) | DOI: 10.37159/jmih.v3i1.1016

Abstract

            This study aims to determine the role of investigator Harda Polda DIY in dealing with fraudulent offenders, because of letter forgery cases this results in material losses and immaterial Knowing the impact of the active role generated from the investigation of the DIY Regional Police Harda Subdistrict against the perpetrators of letter forgery, so that the legal process obtained legal certainty for both victims and perpetrators of falsification of letters, in addition to knowing thecausal factors the occurrence of falsification of the letter and knowing the steps of Investigator Harda in dealing with the perpetrators of criminal acts of letter forgery. The approach used by the author is an empirical juridical approach, namely the approach of existing law to be applied in cases that occur, namely analyzing how the role of Investigator Harda against criminal acts of forgery of letters carried out by perpetrators in the jurisdiction of the Regional Police of DIY. The analysis used is qualitative, namely the method of data analysis by grouping and selecting data obtained from research according to the quality and truth, then connected with the theories from the literature study. The investigator in determining the role taken against the perpetrators of the crime of forgery of letters is by knowing the factors that cause the occurrence of letter forgery, this step is based on Article 13 of Law Number 2 Year 2002 concerning the National Police of the Republic of Indonesia and Perkap Number 10 Year 2010 Regulation of the Chief of Police However, in the process of investigating Harda investigators, it did not provide a deterrent effect on the perpetrators of not carrying out similar actions, this was because the investigation process was still not maximal, so many perpetrators of criminal acts of letter forgery still escaped legal entrapment. Law enforcement activities carried out by Investigator Harda are always improving Capability, Awareness, Attitude and Behavior so that legal certainty can be achieved for both victims and perpetrators of fraudulent letters.