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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.
Effectiveness Of Criminal Sanctions Against Perpetrators Of Narcotics Crime Fernandus Siregar; Syaiful Asmi Hasibuan
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum, September 2023
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.446

Abstract

Increased supervision and control as an effort to prevent and eradicate drug abuse and illicit trafficking is very necessary, because crime in this field is growing both in terms of quality and quantity. Drugs have troubled our society in Indonesia because the effects of this object if consumed incorrectly and excessively by its users will be fatal, it can also result in death for its users. The research objectives are 1) Knowing the effectiveness of criminal sanctions against perpetrators of narcotics crimes. 2)Knowing the obstacles faced in increasing the effectiveness of enforcement of criminal law sanctions against perpetrators of narcotics crimes.3)Knowing the efforts made to increase the effectiveness of enforcement of criminal law sanctions against perpetrators of narcotics crimes. The approach used in this research is empirical juridical approach. This research is descriptive research. The types of data used are primary data and secondary data using primary, secondary and tertiary legal materials. This library research is conducted by searching, collecting, and studying laws and regulations and other legal materials related to the object of research. From the results of the study, namely that the increase in the number is not too large, it may be said that the punishment process has been effective. The factors inhibiting law enforcement of narcotics crimes committed by the police: Facility factors related to the problem of inadequate facilities and infrastructure and limited budget support. The community factor and the lack of public concern to report to the authorities make it difficult for law enforcers to eradicate narcotics crime The most effective and basic methods of preventing and eradicating drug abuse are promotive and preventive methods. The most practical and real efforts are repressive and humane efforts are curative and rehabilitative.
Implementation Of Integrated Assessment In Law Enforcement Against Drug Abusers Narcotics Zainal; Syaiful Asmi Hasibuan
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum, September 2023
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.448

Abstract

The Narcotics Law aims to ensure the regulation of medical and social rehabilitation efforts for drug abusers and addicts. In law enforcement, drug abusers are not necessarily rehabilitated but must first go through an integrated assessment process. The problem in this study is how the application of integrated assessment in law enforcement against drug abusers and why there are obstacles in the application of integrated assessment in law enforcement against drug abusers. This research uses normative juridical and empirical juridical approaches, namely by reading and quoting from literature books and interviews with respondents consisting of Integrated Assessment Team Members. Based on the results of the research and discussion, the application of integrated assessment is based on the provisions of the Joint Regulation of 7 (seven) State Institutions as a technical guideline for the establishment and operation of the Integrated Assessment Team consisting of a Medical Team to identify the level of addiction and a Legal Team to investigate the involvement of abusers with the narcotics trafficking network. The implementation of integrated assessments results in recommendations regarding placement plans into rehabilitation installations which also become court documents as a consideration for judges in deciding cases. The obstacles that occur are generally caused by law enforcement factors that still have different perceptions in determining the application of assessments of drug abusers and facilities and infrastructure factors in carrying out law enforcement against drug abusers.
Legal Protection Of Children As Perpetrators Of Criminal Acts In The Indonesian Juvenile Justice System Muhammad Riduan; Syaiful Asmi Hasibuan
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum, September 2023
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.450

Abstract

Child protection is an important thing that must be done by the state and society. The forms of child protection are carried out from all aspects, starting from guidance to the family, social control of children's socialization and proper handling through regulations made by the State. Juvenile offenses are crimes committed by children. Juvenile crime can be associated with the term "Juvenile Deliquency", which in Indonesian is known by various terms, namely child delinquency, juvenile delinquency, youth delinquency, stray cadets, or child jalin quersi. Etymologically, it can be explained that "Juvenile" means "child" while "Deliquency" means "crime". Thus "Juvenile Deliquency" is "Child Crime", while when it comes to the subject or the perpetrator, then "Juvenile Deliquency" means child criminals or bad children. The research method used in this writing is the normative juridical method carried out through literature studies that examine secondary data in the form of laws and regulations related to the child punishment system, and child protection laws as well as research results, and other references. This research uses normative legal research because of the provisions regarding sanctions against children in conflict with the law. Child Crimes. Environmental factors contribute greatly to crimes committed by children. The environment of children as victims of criminal acts of decency can also be said that children's crimes are caused by the community environment.
Fostering Children Who Commit Criminal Offenses In Special Child Development Institutions Jefri Takkas Parulian Hutapea; Syaiful Asmi Hasibuan; Yasmirah
LAWYER: Jurnal Hukum Vol. 2 No. 1 (2024): LAWYER: Jurnal Hukum, Maret 2024
Publisher : ASIAN PUBLISHER

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Abstract

The Child Special Development Institution or abbreviated as LPKA is an institution where children serve their sentence, LPKA is the final stage of the criminal justice system authorized by the state to provide guidance and provide protection to correctional students who are appropriate and in accordance with the conditions of the child inmate, in the field there are still often found repeated criminal offenders, and there are children aged 19 years who are placed in LPKA. The question in this thesis is how the form of coaching for child offenders of repeated criminal offenses in LPKA Klas I Medan and what are the inhibiting and supporting factors for the coaching of children of repeated criminal offenders in LPKA Klas I Medan. In this research the author uses the Empirical Juridical research method with the aim of providing answers to researcher questions based on secondary data collected from library materials, primary data obtained from interviews and documentation and tertiary data, namely other supporting data.Religious Development such as five daily prayers, reading the Qur'an, sholawat and giving spiritual studies every Friday in collaboration with the Ministry of Religion. Educational Development named PKBM (Community Learning Activity Center), namely learning with the package system A, B and C in collaboration with the Education Office. Skills Development, namely interests and talents such as sports, arts, welding training activities, handicrafts, fisheries and agriculture. From the explanation above, it is concluded that the inhibiting factors of coaching, the absence of regulations governing children of repeat offenders specifically, a short coaching period, the completeness of facilities and infrastructure that has not been maximized, the lack of instructors / coaches to assist andik coaching activities. As for the supporting factors for coaching, all parties in LPKA take responsibility for the future of andik, good cooperation with partners to bring competent parties in their fields, the role of the surrounding community and supporting facilities and infrastructure in LPKA Klas I Medan. The Child Special Development Institution or abbreviated as LPKA is an institution where children serve their sentence, LPKA is the final stage of the criminal justice system authorized by the state to provide guidance and provide protection to correctional students who are appropriate and in accordance with the conditions of the child inmate, in the field there are still often found repeated criminal offenders, and there are children aged 19 years who are placed in LPKA. The question in this thesis is how the form of coaching for child offenders of repeated criminal offenses in LPKA Klas I Medan and what are the inhibiting and supporting factors for the coaching of children of repeated criminal offenders in LPKA Klas I Medan. In this research the author uses the Empirical Juridical research method with the aim of providing answers to researcher questions based on secondary data collected from library materials, primary data obtained from interviews and documentation and tertiary data, namely other supporting data.Religious Development such as five daily prayers, reading the Qur'an, sholawat and giving spiritual studies every Friday in collaboration with the Ministry of Religion. Educational Development named PKBM (Community Learning Activity Center), namely learning with the package system A, B and C in collaboration with the Education Office. Skills Development, namely interests and talents such as sports, arts, welding training activities, handicrafts, fisheries and agriculture. From the explanation above, it is concluded that the inhibiting factors of coaching, the absence of regulations governing children of repeat offenders specifically, a short coaching period, the completeness of facilities and infrastructure that has not been maximized, the lack of instructors / coaches to assist andik coaching activities. As for the supporting factors for coaching, all parties in LPKA take responsibility for the future of andik, good cooperation with partners to bring competent parties in their fields, the role of the surrounding community and supporting facilities and infrastructure in LPKA Klas I Medan.
The Role of Correctional Institution Officers in the Process of Fostering Prisoners in Order to the Realization of the Correctional System (Study in Correctional Institution Class II-A Pancur Batu) Heri Novetinus Sitepu; T. Riza Zarzani; Syaiful Asmi Hasibuan
LAWYER: Jurnal Hukum Vol. 2 No. 1 (2024): LAWYER: Jurnal Hukum, Maret 2024
Publisher : ASIAN PUBLISHER

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Abstract

This research was conducted with the aim of knowing the role of Correctional Institution Officers in the Process of Guiding Prisoners for the Realization of the Correctional System (Study at Class II-A Pancur Batu Correctional Institution) and to find out the obstacles faced by correctional officers and solutions that have been carried out by correctional officers in coaching prisoners for the realization of the correctional system. The method used in this research is juridical sociological to get real legal research by going directly to the object, primary data obtained directly from the source through interviews with correctional officers and prisoners concerned, and secondary data used as supporting data in this study. From the results of the research obtained, the role of Class II-A Pancur Batu Correctional Institution Officers in the implementation of coaching is divided into 5, namely Development of Religious Awareness, Development of awareness of nation and state, Intellectual Development, Development of Legal Awareness, Development of Integration with Society. Serious inhibiting factors for the Class IIA Pancur Batu Penitentiary are the lack of quantity of employees, the existence of inadequate facilities and infrastructure, excess capacity of prisoners and detainees, lack of coaching time.