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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.