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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Educational Research and Social Sciences (IJERSC)
Muhammad Ansori Lubis
Faculty Of Law, Universitas Darma Agung, Medan, Indonesia
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Utilization Of Restorative Justice In The Handling Of Child Crimes From The Perspective Of Utilities Theory Muhammad Ansori Lubis
International Journal of Educational Research and Social Sciences (IJERSC) Vol. 4 No. 3 (2023): June 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i3.656

Abstract

In essence, everyone who commits a crime will face legal consequences, even minors. Although restorative justice policies and procedures for juvenile offenders have been developed, they have not yet been fully put into practice. The truth is that not all police detectives at the regional sector level comprehend how to use restorative justice to resolve juvenile criminal cases. The purpose of this study is to comprehend and evaluate the paradigm of restorative justice for juvenile offenders from a utility theory standpoint. The difficulties in applying restorative justice to juvenile offenders at the police level are also examined in this study. This study is a normative, legal, descriptive, and analytical study. Secondary data were used in this study, and they were gathered by employing library research techniques. A qualitative method is used in data analysis. The study's findings demonstrate that applying restorative justice to kids who break the law is essentially protecting kids from the law itself, with the goal that kids will still be protected even when mistakes are made. The use of restorative justice is a type of legal benefit from the standpoint of legal advantages. The community benefits from the law that has been created by the government, including both those who are criminals and those who are among their victims. In other words, the law is not only created to punish, but also to protect, advance the law, and benefit society. Second, that barriers to the use of restorative justice can be divided into two categories: internal barriers arising from the juvenile offenders and external barriers in the form of community environmental barriers, family barriers, juvenile officer barriers, and juvenile mediator barriers.
Review of Remission and Assimilation in the Correctional System with the Foundation of Human Rights Syawal Amry Siregar; Gomgom TP Siregar; Muhammad Ansori Lubis
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3246

Abstract

This research is related to the granting of remission and parole rights on the basis of the value of justice in accordance with human rights. This research was conducted to find out about the embodiment of justice in the granting of remissions and parole to convicts. Both criminals and corruption convicts. This research will also review the arrangements regarding the granting of such remissions and also the ideal concepts regarding the granting of such remissions and parole. This research will use empirical normative legal research methods that emphasize philosophical, dogmatic and conceptual sides. The data collected in this study was carried out by means of literature and document studies. Data analysis used a qualitative descriptive method. This research presents that the embodiment of justice in granting parole and release to prisoners is not entirely fair and equitable. The regulatory process regarding granting remissions and conditional release should be in accordance with the norms and not contradictory. The concept of granting remissions and parole must be balanced in terms of justice and also balanced in coaching.
Legal Responsibility of Insurance Companies for Actions of Default in Insurance Agreements Muhammad - Yasid; Gomgom TP Siregar; Muhammad Ansori Lubis; Ria Sintha Devi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3951

Abstract

Insurance is one way to help the community in diverting risks from events that are not necessarily going to happen. In this case the insurance company as the insurer has an obligation to fulfill the agreement that has been agreed by him with the insured which is called the policy agreement. However, in practice, not a few insurance companies default on insurance agreements. This study uses a normative juridical method with a qualitative descriptive analysis. Based on the results of the study it was concluded that the legal responsibility that must be carried out by the insurance company against default in the insurance agreement is the fulfillment of the rights of the policyholder as the insured of the insurance, namely compensation to the insured for achievements that were not carried out by the insurance company. The insured party can sue the insurance company if it defaults, besides that if the insurance company defaults, the insurance company can be given sanctions such as written warnings, fines, restrictions on business activities, up to revocation of business licenses
Co-Authors Devi, Ria Sintha Gomgom TP Siregar Gomgom TP Siregar Muhammad - Yasid Ria Sintha Devi Siregar, Gomgom TP Siregar, Syawal Amry Yasid, Muhammad -