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All Journal Media Keadilan: Jurnal Ilmu Hukum Proceeding International Conference Restructuring and Transforming Law
Sadida Amalia Izzatul Haq
Universitas Muhammadiyah Surakarta
Humanities Law, Crime, Criminology & Criminal Justice

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PENGATURAN MEDIASI PENAL PASCA REGULASI KEADILAN RESTORATIF DI KEPOLISIAN, KEJAKSAAN, DAN MAHKAMAH AGUNG Hanifah Febriani; Carissa Maharani; Sadida Amalia Izzatul Haq
Media Keadilan: Jurnal Ilmu Hukum Vol 14, No 1 (2023): April
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jmk.v14i1.15101

Abstract

Penal mediation brings benefits to victims, perpetrators, or society. Penal mediation also takes into account the practical needs of settling cases, and can bring about a fast, simple, low-cost trial. Even though the settlement of cases by mediation is quite familiar in the society, previously the settlement of criminal cases by mediation did not have a sufficiently strong legal basis except for cases involving children in conflict with the law. Currently, penal mediation has been regulated in Prosecutor's Regulations Number 15 of 2020, Badan Peradilan Umum Decree Number: 1691/DJU/SK/PS.00/12/2020 and Police regulation Number 8 of 2021. Since it is left to each institution, differences in arrangements and the scope of implementation of penal mediation is inevitable. This research is a normative research using data from library research. The data were analyzed qualitatively by using a statutory approach and a conceptual approach. This study found that there were differences in penal mediation arrangements in each law enforcement institution. These differences are related to the legal basis used, types of cases, exceptions to types of cases, the role of law enforcement officials, differences in the mechanisms for peace agreements and termination of cases as well as arrangements related to victims' recovery.
Comparison of Indonesian and Malaysian Criminal Laws in Regulating Acts of Abuse Against Minors Sadida Amalia Izzatul Haq; Natangsa Surbakti
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This article is about criminal law related to child abuse. The research used is a comparative approach, ie comparing the criminal laws of the two countries based on normative legal concepts. Here is an analysis of the concept order formulation for abusive behavior against minors. In Indonesia, the Child Protection Act No. 35 of 2014 applies and in Malaysia, the Children's Act of 2001 applies. The purpose of this study is to clarify the differences and similarities between the two countries' views on child abuse regulation. The results of the two countries' basic thinking on crime and sanctions formulation are similar. In other words, it has been less than 18 years since both countries ratified their child age limit regulations, ie human rights treaties. There are some differences, such as criminal sanctions against children, punishment systems, child protection authorities, and provisions for establishing criminal offenses for child abuse. The conclusion of this article is that important to study this issue on both countries through a comparative approach that takes into account differences. Moreover, many ideas can be used to formulate abusive behavior towards minors in Indonesia.
Co-Authors Carissa Maharani Febriani, Hanifah Natangsa Surbakti