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The Concept of Resolving Medical Crimes Based on a Restorative Justice Perspective in the Criminal Justice System in Indonesia Azhali Siregar, Mhd
International Journal of Social Science, Education, Communication and Economics (SINOMICS JOURNAL) Vol. 2 No. 5 (2023): December
Publisher : Lafadz Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sj.v2i5.230

Abstract

Medical crimes are a complex issue in the criminal justice system in Indonesia. The concept of resolving medical crimes needs to be seen from a Restorative Justice perspective to create a more holistic and fair approach. Restorative Justice emphasizes the restoration of damaged relationships, not just punishment of the perpetrator. In this context, this research explores the application of Restorative Justice principles in resolving medical crimes. This research uses normative and empirical legal research methods to analyze the development and implementation of Restorative Justice in handling medical crimes in Indonesia. Findings indicate the need for reform in the criminal justice system to integrate Restorative Justice approaches. Implementation of this concept can improve justice, victim satisfaction, and rehabilitation of perpetrators of medical crimes. The results of this research are expected to contribute to further understanding of the effectiveness of Restorative Justice in dealing with medical crimes in Indonesia. The practical implication is the need to improve regulations and increase awareness of actors in the criminal justice system to ensure that justice and recovery are the main focus in handling medical crimes.
Legal Protection for Children as Intermediaries in the Sale and Purchase of Narcotics Gultom, Diana; Azhali Siregar, Mhd
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 2 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The involvement of children in narcotics crimes as drug couriers is a series of evil conspiracy in carrying out illegal drug trafficking, but in the capacity of the category of children who help in trading or distribution by accompanying the owner of the goods with promises or enticements has often hit children of that age, this is a very concerning thing where the child has faced the law and is classified as having committed a drug crime. In this case, the child has committed an act, an evil conspiracy without rights or against the law offering for sale, selling, buying, receiving, being an intermediary in buying and selling, exchanging or handing over Class I Narcotics in the form of plants weighing more than 1 (one) kilogram or more than 5 (five) tree trunks or in the form of non-plants weighing more than 5 (five) grams. As a result of the action, the child as regulated and threatened with criminal penalties in Article 114 Paragraph (2) Jo Article 132 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics Jo Law Number 11 of 2012 concerning the Child Criminal Justice System. The type of research in writing this thesis is carried out with a type of normative legal research in the form of library research using 3 legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. This legal research focuses on library studies which means that it will examine and review more existing and applicable legal regulations. The results of this study indicate that Legal Protection for Children as Intermediaries in the Sale and Purchase of Narcotics in the Indonesian Legal System in Decision Number: 18/Pid.Sus-Anak/2023/PN.Bnj. namely by referring to Article 114 Paragraph (2) Jo Article 132 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics Jo Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, then the Child isMuhammad Pajar,proven legally and convincingly guilty of committing the crime of "Without the Right to Commit Evil Conspiracy"Selling Class I Narcotics that are not Plants Weighing More than 5 Grams The Panel of Judges at the Binjai District Court hasAssigning actions to childrenMuhammad Pajar, in the form of Action returned to parents and Order AA child named Muhammad Fajar was released from detention at the Temporary Child Placement Institution (LPAS). The basis for the judge's consideration is the Child Criminal Justice System as regulated in Article 69 paragraph (1) of the Republic of Indonesia Law Number 11 of 2012 concerning the Child Criminal Justice System. This Criminal Policy is a grand design of the Indonesian Government's legal policy that recognizes children's human rights with the aim that children are the Nation's Capital Assets that can be useful in the future so that Special Regulations are needed in Resolving Cases that befall them. With the hope that the Child can Return to Society as the Nation's Capital Assets in the future.