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All Journal Lex Librum: Jurnal Ilmu Hukum Lex Librum : Jurnal Ilmu Hukum Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda
Widiyaswara, Riani
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Mediasi Penal Oleh Advokat Sebagai Konsep Keadilan Restoratif Maknun, Luil; Widiyaswara, Riani
Lex Librum : Jurnal Ilmu Hukum Vol 10, No 1 (2023): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v10i1.852

Abstract

Abstract Benefits and restorative justice is a development of dispute resolution that can restore the rights of victims and the interests of the parties by providing justice. Settlement through penal mediation is the first step in an advocate's duties and is a form of providing legal assistance. The legal research used is normative juridical research. The activeness of advocates in implementing penal mediation can help achieve justice in resolving criminal cases. For this reason, socialization regarding restorative justice must be intensified in related institutions or agencies. In order to have a strong legal basis, it is necessary to create a special policy that regulates the concept of restorative justice in the criminal justice system in Indonesia. Keywords: Penal Mediation, Advocate, Restorative
Penerapan Mediasi Penal Oleh Advokat Sebagai Konsep Keadilan Restoratif Maknun, Luil; Widiyaswara, Riani
Lex Librum : Jurnal Ilmu Hukum Vol. 10 No. 1 (2023): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v10i1.852

Abstract

Abstract Benefits and restorative justice is a development of dispute resolution that can restore the rights of victims and the interests of the parties by providing justice. Settlement through penal mediation is the first step in an advocate's duties and is a form of providing legal assistance. The legal research used is normative juridical research. The activeness of advocates in implementing penal mediation can help achieve justice in resolving criminal cases. For this reason, socialization regarding restorative justice must be intensified in related institutions or agencies. In order to have a strong legal basis, it is necessary to create a special policy that regulates the concept of restorative justice in the criminal justice system in Indonesia. Keywords: Penal Mediation, Advocate, Restorative
Penerapan Teori Kriminologi Dalam Penanganan Kejahatan Seksual Oleh Anak Widiyaswara, Riani; Maknun, Luil; Amin, Muhammad Nur
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.1646

Abstract

This study aims to determine the causes of juvenile delinquency from the perspective of criminological theories. Studies on the theme of juvenile crime are always intertwined, whether the child is in the position of perpetrator, victim or witness. The perspectives used by researchers vary, ranging from substantive law or formal law to other disciplines relevant to legal studies, such as psychology and criminology. Criminology, which examines crime, has a very broad scope, with its subject matter covering crime and criminal behaviour. In this sense, criminology's study of crime is not limited to the act itself, as is the object of criminal law, but also views criminal acts as human behaviour. It even includes the study of social issues that tend to encourage criminal behaviour (criminogenic factors). The research method used was normative legal research using a legislative approach, theories and opinions of experts, and previous research on similar issues. The results of the study showed that criminal behaviour is identical to non-criminal behaviour, because both are learned. Edwin H. Sutherland hypothesised that criminal behaviour is learned through association with those who violate social norms, including legal norms. The understanding that the behaviour of lower-class delinquent children is a reflection of their dissatisfaction with the norms and values of middle-class children, who dominate the cultural values of society. It is recommended that in the future, the process of dealing with children in conflict with the law should involve all parties, from the government, law enforcement officials, the community and families.
Dimensi Viktimologi Dalam Penanganan Anak Penyalahguna Narkotika Di Indonesia Widiyaswara, Riani
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 4 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Children as legal subjects have the right to protection, including when dealing with the law as a result of drug abuse. Drug abuse by children is not only a criminal act, but also a social and health problem that victimises children. From a victimology perspective, children who abuse drugs suffer physical, psychological and social harm, and therefore require comprehensive legal protection focused on recovery. This study aims to analyse the forms of legal protection for children who abuse narcotics and the urgency of rehabilitation as the main effort in handling children who are in conflict with the law. This study uses a normative juridical method with a regulatory and conceptual approach, through a literature study of primary, secondary, and tertiary legal materials. The results show that legal protection for children who abuse narcotics includes juridical and non-juridical protection, with medical and social rehabilitation as the main instruments. Imposing criminal sanctions of imprisonment on children who abuse narcotics can have a negative impact on their mental and social development, which is contrary to the principle of the best interests of the child. Therefore, rehabilitation is the most appropriate and fair form of protection in handling children who abuse narcotics to ensure their recovery and future as the nation's next generation.
Co-Authors Amin, Muhammad Nur Luil Maknun