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All Journal Interdisciplinary Social Studies Journal of Community Service (Abdisci)
Alya Dwi Putri
Universitas Swadaya Gunung Jati
Environmental Science Languange, Linguistic, Communication & Media Public Health Social Sciences Other

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THE EFFECT OF THE RECOMMENDATIONS OF THE COMMUNITY SUPERVISOR (PK) OF BAPAS GRADE 1 CIREBON ON THE JUDGE'S DECISION IN THE TRIAL OF CHILDREN FACING THE LAW (ABH) Irma Maulida; Alya Dwi Putri; Ari Rafsanjani; Geisya Safana Camila; Lulu Abeliyani; Marsha Nurfadillah
Jurnal Abdisci Vol 3 No 1 (2025): Vol 3 No 1 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i1.725

Abstract

Abstract Introduction. Indonesia's juvenile criminal justice system is designed to provide maximum protection for children's rights. Law No. 11/2012 on the Juvenile Criminal Justice System (UU SPPA) emphasizes the importance of the restorative justice approach as the main principle in handling cases of Children Against the Law (ABH). One of the supporting elements for the application of this principle is the recommendations prepared by the Community Supervisor (PK) in the Community Research Report (LITMAS). These recommendations provide a comprehens. Aims. The picture of the social, psychological, and family and community conditions in which children grow up, which then become material for the judge's consideration in determining the appropriate treatment. However, in court practice, PK recommendations are not always used as the basis for sentencing. There are disparities in how judges respond and accommodate the assessment results. Based on this, the author aims to analyze the influence of PK recommendations on judges' decisions in ABH trials. This research uses a normative juridical approach with mixed methods (qualitative and quantitative). Method. Data was collected from a documentation study of 11 judges' decisions heard in early 2025 until March 24, 2025, and through analysis of the accompanying LITMAS results. Results. This research shows that in 8 of the 11 cases, the judges aligned with the LITMAS recommendations (72.7%). Meanwhile, in the other 3 cases, the judges did not fully accommodate the recommendations of the PK, with a percentage of 27.3%. Conculsion. This finding shows that, although the PK recommendations significantly influence the majority of decisions, there is still room to improve the consistency and quality of their implementation. Increasing the capacity of PKs, standardizing the preparation of LITMAS, and strengthening communication between PKs and judges are some solutions that enhance the implementation of restorative justice.
Juridical Analysis of the Absence of Compensation Standards as the Cause of Diversion Failure Alya Dwi Putri; Ismayana Ismayana
Interdisciplinary Social Studies Vol. 5 No. 3 (2026): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i4.1121

Abstract

This study examines the juridical implications of the absence of compensation standards in the implementation of diversion within the juvenile criminal justice system in Indonesia. Diversion, as a manifestation of restorative justice, is intended to resolve child criminal cases outside formal judicial proceedings while ensuring victim recovery and child protection. However, the lack of clear and operational compensation standards has created legal uncertainty and contributed to the failure of diversion agreements. This research aims to analyze the impact of the absence of compensation standards on the effectiveness of diversion and to formulate an ideal compensation model based on restorative justice principles. The study applies a normative juridical research method using statutory, conceptual, comparative, and case approaches. Legal materials were obtained from laws and regulations, scientific journals, legal doctrines, and relevant international restorative justice practices. The findings indicate that the absence of compensation standards causes subjective negotiations, imbalance between parties, and inconsistency in determining compensation, which ultimately increases the likelihood of diversion failure and continuation of cases to formal courts. Furthermore, the study reveals that effective compensation standards should be victim-oriented, proportional, participatory, and supported by clear implementation mechanisms. In conclusion, the establishment of structured and operational compensation standards is essential to strengthen legal certainty, improve victim protection, and enhance the effectiveness of restorative justice in Indonesia’s juvenile criminal justice system.
Co-Authors Ari Rafsanjani Geisya Safana Camila Irma Maulida Ismayana Ismayana Lulu Abeliyani Marsha Nurfadillah