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IMPLEMENTATION OF RESTORATIVE JUSTICE AS AN ALTERNATIVE FOR CHILD CRIMINAL RESOLUTION Mhd. Ihwanuddin Hasibuan; Sulaiman; Ricky Pratama Ginting; Fadillah Aditya Pratama; Syaiful Asmi Hasibuan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 3 No. 1 (2023): DECEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v3i1.334

Abstract

Since the enactment of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, it is necessary to immediately provide outreach to Law Enforcement Officials (APH) who do not yet understand and know about the obligation to take a restorative justice approach in the implementation of the Juvenile Criminal Justice System. The norms governing the obligation to carry out a restorative justice approach in handling children in conflict with the law (ABH) are contained in article 5 paragraph 1 of the Juvenile Criminal Justice System Law and this law has also adopted the International Convention on the Rights of the Child (CRC) instrument which has been adopted. ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child) in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are of course in line with the Constitution 1945 concerning the goals of the state, one of which is to realize social justice and promote general welfare. This restorative justice approach certainly has the same spirit as the ideological, political and socio-cultural values ​​of the Indonesian nation which prioritizes resolution through deliberation to reach consensus so that this restorative justice approach is also one of the legal reforms that further promotes the values ​​of local wisdom of the nation. Indonesia. The conceptual approach and the statutory approach are the approaches used in this research and maximize the implementation of the implementation of restorative justice in every handling of Children in Conflict with the Law (ABH) at every stage of the investigation, prosecution and trial process. Objectives The aim of the research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every handling of ABH.
IMPLEMENTATION OF LEGAL PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE CRIMES (RESEARCH STUDY INTEGRATED SERVICE CENTER FOR WOMEN'S AND CHILDREN'S EMPOWERMENT IN THE CITY OF BANDA ACEH) Fadillah Aditya Pratama; Ismaidar; Rahmayanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1600

Abstract

Children are a gift from God Almighty that we must always protect because in Him the dignity and rights inherent in the whole human being must be respected and protected. Child protection is a series of activities aimed at guaranteeing and protecting children and their rights so that children can live, grow, develop and participate optimally in accordance with their dignity, human rights, and are protected from violence and discrimination. As required by the 1945 Constitution of the Republic of Indonesia, Article 28B paragraph (2). Child protection activities are legal activities with legal consequences. Therefore, there is a need for legal protection efforts for child protection activities. This research focuses on how the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in the city of Banda Aceh protects children's rights and the factors that hinder them. In this research, the research method that the author uses in this research uses empirical juridical methods and the author uses Observational Research methods. The data source for this research is analytical descriptive and comes from primary data from interviews with subjects and secondary data from books, journals, articles, theses, seminars and literature on the issues discussed in the Law. This research draws conclusions from general things to specific things. The conclusion from this research is that the efforts made by the government and the state to protect children who are victims of sexual violence are actually acceptable. However, there are several things that need to be considered in order to provide optimal protection to children as expected. Several factors that cause these difficulties include obstacles in the field which result in existing regulations appearing to be not as effective as expected.