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Perlindungan Hukum Terhadap Anak Korban Kekerasan Fisik Oleh Orang Tua Kandung Muhammad Iqbal; Syaiful Asmi Hasibuan; Sumarno Sumarno
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i4.1541

Abstract

The purpose of this research is to analyze the legal protection of child victims of physical violence by biological parents. This research uses a literature review approach by looking for theoretical references that are relevant to the case or problem found. Based on the results and discussion, it is found that the forms of violence experienced by children are physical violence such as: being kicked, hit, thrown with wood, slapped and even hung, resulting in children feeling depressed by the violence they experience and children who experience this rarely communicate with their friends. The sources that trigger physical violence against children are poverty, violence also occurs because the parents are stressed or have complicated problems. Parents' lack of knowledge The existence of children who do not want.
History of the Concept of Restorative Justice in Resolving Child Criminal Cases (Study of Besilam Village, Langkat Regency) Lidya Rahmadani Hasibuan; Syaiful Asmi Hasibuan; Nurbela Br. Purba
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i3.329

Abstract

The development of the concept of restorative justice in the last 20 years has experienced very rapid development in several countries such as Australia, Canada, England and Wales, New Zealand and several other countries in Europe and the Pacific region. Likewise, in the United States, as a country that more often forms associations with countries to introduce repressive measures of punishment, America cannot avoid the strong influence of the development of restorative justice. Michael Tonry in 1999 began a survey of American sentencing policies with the results of his research obtaining several The living concepts regarding punishment until now, namely 1 structured sentencing, risk-based sentencing (sentence based on risk), indeterminate (sentence that does not determine) and restorative/community justice (recovery/community justice). So restorative justice is one of the punishment concepts that has been developed and is already running in the United States.
THE EFFECTIVENESS OF DIVERSION IN RESOLVING CHILD CRIMINAL CASES TO ACHIEVE RESTORATIVE JUSTICE IN THE CHILD CRIMINAL JUSTICE SYSTEM Boniek Juventus; Haposan Silalahi; Utreck Ricardo; Syaiful Asmi Hasibuan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1337

Abstract

The provisions of Article 1 point (6) of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System, states that restorative justice is the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties together. seek a fair solution by emphasizing restoration to the original state, and not retaliation. Therefore, the juvenile criminal justice system is obliged to prioritize a restorative justice approach. So that at every stage of the legal process in the juvenile criminal justice system a diversion policy must be pursued. The diversion policy is a transfer of the resolution of juvenile criminal cases from the criminal justice process to a process outside of criminal justice, so that restorative justice is achieved.