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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.
CRIMINAL RESPONSIBILITY AGAINST VILLAGE HEADS WHO COMMIT CRIMINAL ACTS OF VILLAGE FUND CORRUPTION Utreck Ricardo; Yasmirah Mandasari Saragih; Rahmayanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1599

Abstract

Corruption is a special criminal act. One form of equitable and just national development is development carried out not only in urban areas, but also in rural areas through the provision of Village Funds from state finances. However, the state's efforts, in this case the central government, to develop villages seem to be hampered by criminal acts of corruption committed by unscrupulous Village Heads. The problem formulation that will be the main topic of discussion is what are the legal procedures for managing Village Funds which originate from State Finance? What is the criminal responsibility for individual Village Heads who commit criminal acts of Village Fund corruption? This research is normative juridical research, namely research that refers to legal norms contained in Legislation, Court Decisions and legal norms that exist in society regarding what happens in reality in society which is related to the research material. In this research, it can be concluded that individual Village Heads who commit criminal acts of Village Fund corruption can be charged under Article 2 or Article 3 in conjunction with Article 18 Paragraph (1) letter b of Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Corruption Crimes. The author's advice to law enforcement officials, especially the justice profession, is to prioritize the principles of law enforcement in deciding cases and in giving punishment to corruptors in Indonesia.