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All Journal Jurnal Mengkaji Indonesia SASI
Zainulla, Pandu Satriawan
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Effectiveness of Diversion Through Restorative Justice For Handling Children In The East Java Police Setyorini, Erny Herlin; Kongres, Evi; Hailitik, Asri Gresmelian Eurike; Zainulla, Pandu Satriawan
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1190

Abstract

Introduction: Children are the next generation of the nation who must be protected in order to grow up properly. Handling children's cases through the Juvenile Criminal Justice System has devastating impacts on children's futures.Purposes of the Research: This study aims to analyze the effectiveness of handling children's cases through diversion in the East Java Regional Police and analyze obstacles to handling children's cases through diversion so that solutions are found to achieve maximum diversion implementation as mandated by the Children's Criminal Justice System Law.Methods of the Research: This type of research is sociolegal research with a statutory approach, a conceptual approach, and a comparison approach, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.Results of the Research: The results showed that of the five police and police in the East Java Regional Police area, it showed that not 50% of the handling of children's cases had been successfully resolved through diversion. The causative factors include the non-achievement of the consent of the victim's child and his family. Therefore, the condition of consent of the victim's child and his family in Article 9 paragraph (2) must be abolished because Article 7 paragraph (2) of Law Number 11 of 2012 does not require the consent of the victim's child and his family. In practice is the main obstacle to achieving diversion, should be eliminated in the best interest of the child in accordance with the principles of the Convention on the Rights of the Child.
Noken Voting System in the Yahukimo Regency Election, Papua: An Analyzes Silalahi, Rio Aldino Yosevan; Zainulla, Pandu Satriawan
Jurnal Mengkaji Indonesia Vol. 3 No. 1 (2024): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v3i1.648

Abstract

Abstract: The utilization of the noken voting system in general elections within Yahukimo Regency, Papua Province, is deeply rooted in Papuan cultural traditions, specifically employing bags made from orchid fiber. However, its incorporation into the electoral process has raised concerns regarding its compatibility with democratic principles and constitutional legality. Purpose: This study aims to examine the constitutionality of the noken voting system in Yahukimo Regency, Papua, particularly focusing on its adherence to democratic principles and the secrecy of votes. Design/Methodology/Approach: a normative legal research approach, this study analyzes primary and secondary legal sources to evaluate the legal framework surrounding the noken system. The examination delves into its alignment with constitutional principles and electoral laws. Findings: The noken system, while significant culturally, poses challenges to the secrecy principle crucial to democratic elections. Its open display of votes contradicts constitutional mandates for free, fair, and secret elections. Despite Constitutional Court validation, concerns persist regarding its compatibility with democratic norms and constitutional standards. Originality/value: This research contributes to the discourse on the intersection of cultural heritage and democratic principles, particularly in the context of electoral processes. It underscores the necessity for legal enhancements to ensure the harmonization of the noken system with democratic and constitutional imperatives.
Co-Authors Erny Herlin Setyorini, Erny Herlin Evi Kongres Hailitik, Asri Gresmelian Eurike Silalahi, Rio Aldino Yosevan