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All Journal Journal Of World Science Edunity: Kajian Ilmu Sosial dan Pendidikan
Tjhia, Kimico Margaretha
Unknown Affiliation
Humanities Computer Science & IT Economics, Econometrics & Finance Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Procedure Law Reform in Indonesia as a Step Towards a Fairer and More Effective Justice System Tjhia, Kimico Margaretha; Budianto, Azis
Journal of World Science Vol. 4 No. 7 (2025): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v4i7.1447

Abstract

The implementation of the Criminal Procedure Law in Indonesia is a critical part of recognizing a fair criminal justice system under human rights principles. An ideal legal system should provide legal protection for every individual involved in the criminal process, whether suspect, defendant, or victim. However, in practice, there are still various challenges that hinder the implementation of Criminal Procedure Law effectively and fairly. Various problems such as inconsistent law enforcement, violations of the principle of fair trial, and limited access to justice are issues that must be addressed. This study aims to analyze the implementation of Criminal Procedure Law in Indonesia and identify the main challenges faced in realizing a fair legal system. The approach used in this study is the normative legal method with a focus on the analysis of laws and regulations and literature studies related to Criminal Procedure Law. The data used in this study consists of primary data in statutes and regulations, such as the Criminal Procedure Code (KUHAP), as well as secondary data from law journals, academic literature, and previous research results. Data collection techniques are carried out through literature studies by analyzing various relevant legal documents and academic literature. This approach aims to provide a comprehensive picture of the applicable regulations and the challenges that arise in their implementation. Through this analysis, the research is expected to contribute to the development of a fairer and more effective criminal law system in Indonesia, as well as offer concrete recommendations for relevant stakeholders.
Dynamics of Non-Litigation Law Resolution in the Juvenile Criminal Justice System Tjhia, Kimico Margaretha; Suparno, Suparno
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 11 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i11.332

Abstract

Handling children in conflict with the law in the juvenile criminal justice system requires a more humane and restorative approach. The purpose of this study is to analyze the application of diversion in the juvenile criminal justice system and identify the challenges faced. This research uses normative legal research method with statutory approach and case analysis. The results show that although diversion has been regulated in the law, its implementation still faces various obstacles, such as lack of understanding among law enforcers, community stigma towards children, and resistance from the justice system itself. Efforts to overcome these obstacles include education and socialization to the community as well as training for law enforcers. This research underscores the importance of support from all relevant parties, including law enforcement, the community, and the child family, to ensure the success of the diversion process. Better knowledge of the purpose and benefits of diversion can reduce stigma and improve child rehabilitation. Diversion as an alternative to out-ofcourt settlement in the juvenile criminal justice system has great potential to protect children from the negative impacts of formal legal proceedings. However, challenges need to be overcome through education, training and community empowerment. Support from families and communities is critical to the successful rehabilitation and social reintegration of children in conflict with the law. With the right approach, it is expected that the implementation of diversion can be more effective in achieving restorative justice for children.
Co-Authors Budianto, Azis Suparno Suparno