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All Journal Khairun Law Journal KHAIRUN LAW JOURNAL Journal of Law, Poliitic and Humanities
M. Djafar, Muhammad Mufti
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Diversion of Juvenile Criminal Cases at the Investigation Stage at the Ternate City Police Force Fahria; M. Djafar, Muhammad Mufti; Budiono, Arief; Ikrima, Nur Aida
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1667

Abstract

Diversion of juvenile criminal cases at the investigation stage at the Ternate City Police Force. Object: This research analyzes the diversion of child molestation cases at Ternate Police Force during the investigation stage. Objective: This paper analyzes: (1) the diversion implementation of at the investigation stage of child molestation crimes at the Ternate Police Force and (2) the factors that influence the implementation of diversion at the investigation stage of child molestation crimes. Method: This research used empirical research, which is a research model in the form of an action to observe a legal reality in society. Results: At the investigation stage, diversion implementation at the crime of child molestation cannot be carried out because according to Article 7 clause (2) of Law No. 11 of 2012, diversion can only be carried out on children who commit crimes with a prison sentence of less than seven years and are not a repeat of the crime. However, the Ternate City Police Force provides a solution of mediation. Factors that influence the implementation of diversion at the investigation stage of child molestation crimes include an obstacle where the victim's family prefers to continue the legal process rather than mediate.
PENINGKATAN PERAN PEMERINTAH DALAM MELINDUNGI HAM KAUM DIFABEL Phireri, Phireri; Syahril, Muhammad Akbar Fhad; M. Djafar, Muhammad Mufti
Khairun Law Journal Volume 7 Issue 2, March 2024
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i2.7384

Abstract

Decent work and livelihoods for humanity are part of human rights for everyone, including people with disabilities, so the 1945 Constitution provides guarantees and legal protection for their implementation. The problem is the discriminatory attitude towards persons with disabilities and the low level of education of persons with disabilities as a gap between people with disabilities and non-disabled workers. The absence of exact data related to the number of workers with disabilities both in the private sector and non-private sectors (PNS, BUMN and BUMD) raises its own problems in the protection of persons with disabilities. The quota of minimum requirement is 2 percent as a mandatory for the government, local government, BUMN, and BUMD and 1 percent for private companies from the number of employees or workers in the Disability Act is apparently not enough to provide protection for people with disabilities. This research is a normative legal research to examine the laws and regulations in order to obtain justice for persons with disabilities. This becomes very important as a form of government commitment through supervision and improvement of policies becomes very important so that persons with disabilities get decent work and livelihoods.
PENINGKATAN PERAN PEMERINTAH DALAM MELINDUNGI HAM KAUM DIFABEL Phireri, Phireri; Syahril, Muhammad Akbar Fhad; M. Djafar, Muhammad Mufti
Khairun Law Journal Volume 7 Issue 2, March 2024
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i2.7384

Abstract

Decent work and livelihoods for humanity are part of human rights for everyone, including people with disabilities, so the 1945 Constitution provides guarantees and legal protection for their implementation. The problem is the discriminatory attitude towards persons with disabilities and the low level of education of persons with disabilities as a gap between people with disabilities and non-disabled workers. The absence of exact data related to the number of workers with disabilities both in the private sector and non-private sectors (PNS, BUMN and BUMD) raises its own problems in the protection of persons with disabilities. The quota of minimum requirement is 2 percent as a mandatory for the government, local government, BUMN, and BUMD and 1 percent for private companies from the number of employees or workers in the Disability Act is apparently not enough to provide protection for people with disabilities. This research is a normative legal research to examine the laws and regulations in order to obtain justice for persons with disabilities. This becomes very important as a form of government commitment through supervision and improvement of policies becomes very important so that persons with disabilities get decent work and livelihoods.
Co-Authors Arief Budiono Fahria Ikrima, Nur Aida Muh. Akbar Fhad Syahril Phireri, Phireri