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All Journal LEGAL BRIEF
Syofiaty Lubis
Universitas Islam Negeri Sumatera Utara, Indonesia
Law, Crime, Criminology & Criminal Justice

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Application of Diversion to Children in Conflict with the Law as an Effort to Protect Children's Rights in Realizing Restorative Justice Safira Prima Indira; Syofiaty Lubis
LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i3.1040

Abstract

: This research aims to find out how the legal regulations regarding the implementation of diversion for children who are in conflict with the law are and to find out how diversion is implemented as an effort to protect children's rights in realizing restorative justice. The results of this research show that based on article 7 paragraph (2) of Law no. 11 of 2012 concerning the criminal justice system states that the right to diversion for children in conflict with the law can only apply to children who are 12 (twelve) years old and for crimes with a prison sentence of less than 7 years and not for repeat crimes. In terms of implementation, diversion is carried out through deliberations between the victim's family and the perpetrator's family, led by a diversion facilitator from a District Court judge who listens to claims for losses submitted by the victim's family. Furthermore, based on article 55 paragraph (1) government regulation no. 65 of 2015 concerning guidelines for implementing diversion states that if diversion deliberations reach an agreement then children in conflict with the law can be free from criminal punishment, however, in accordance with article 53 paragraph (2) Perma No. 4 of 2014 concerning Guidelines for implementing diversion states that if deliberations do not reach an agreement then the criminal case will be resolved through a juvenile criminal justice mechanism at court level
Juridical Review of Land Grants in Pandan Sub-District, Central Tapanuli Regency, in the Perspective of Law no.5 of 1960 on Basic Agrarian Principles Andi Yohani Patricia; Syofiaty Lubis
LEGAL BRIEF Vol. 13 No. 4 (2024): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i4.1100

Abstract

This study aims to conduct a juridical review of land grants based on Law No. 5 of 1966 TPA in the Pandan Subdistrict, Tapanuli Tengah Regency. The research method used is normative legal research with legislative, historical, and conceptual approaches. This study summarizes the findings of previous relevant studies, establishes the theoretical or conceptual framework used as a basis for analysis, discusses the findings and analysis that emerge from this study, and formulates the main conclusions along with relevant implications. The results of the study indicate that a deep understanding of the legal regulations governing land grants is crucial, and active involvement from all relevant parties is also required. Furthermore, a balanced consideration of moral aspects and legal values must also be observed in the land grant process. The implication of this study is the need for an enhanced legal understanding among all parties involved in land grant transactions and collaborative efforts to ensure the effective implementation of existing legal regulations
Co-Authors Andi Yohani Patricia Safira Prima Indira