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Sariadi, Banias
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PERANAN PEMBIMBING KEMASYARAKATAN KASUS PERUNDUNGAN (BULLING) DENGAN SISTEM DIVERSI BERDASARKAN UU RI NO 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Sariadi, Banias; Herman, Asep
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.798

Abstract

In the 1945 Constitution (UUD 1945) Article 28B paragraph 2 states that children are the future of a nation that needs protection for the lives of children to guarantee the right of every child to live, grow and develop. In legal problems, children are always exposed to criminal cases which are often found in the community which always cause problems with the association of children, both as suspects and victims of a crime. Criminal cases are generally rigid and standard in nature to resolve the problem of a case with minors because it is always linked to the child's parents. Soa juvenile criminal settlement is needed which has the principle of prioritizing the best interests of the child and presenting restorative justice. Method: Using Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) and Supreme Court Regulation (PERMA) Number 04 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System, the process of settling child cases can be carried out outside the criminal or ordinary mechanisms known as Diversion. Findings: research results According to the SPPA Law, Differentis the transfer of settlement of child criminal cases from the criminal justice process to processes outside the criminal justice. Diversion has the goal of achieving peace between victims and children by facilitating the role of community counselors and resolving child cases outside the judicial process to prevent children from being deprived of independence and encouraging the community to participate in instilling a sense of responsibility towards children. Conclusion: Settlement of juvenile criminal cases through diversion can also be described as a system when the facilitator's role as a social advisor regulates the process of resolving conflicting parties to achieve a satisfactory resolution as restorative justice.
Bimbingan Pasca Rehab oleh Pembimbing Kemasyarakatan Terhadap Klien Anak Kasus Narkotika dengan Metode BPSS (Biologik, Psikologi, Spritual, dan Sosial) Sariadi, Banias; Herman, Asep
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1402

Abstract

Children are the asset and future of the struggle of nations to realize their ideals. As part of the younger generation, children have a very important role and have special characteristics. However, in everyday life, children are often found involved in legal issues or cases, especially drug criminal law. Behavioral deviations, such as drug addicts, are basically victims of drug abuse. Method: In accordance with Article 11 of the 2012 Law on the Protection of Children from Domestic Violence (UU SPPA), a child subject to domestic violence is defined as an infant who is considered to be in conflict with the law, a child who becomes a victim of domestic violence, and a child who becomes a victim of domestic violence. Findings: In accordance with the mandate stipulated in Law No. 12 of 1995 on Conservation, for prisoners who commit a crime of drug abuse, rehabilitation is mandatory. Once the prisoners are released, they will become clients of the organization and undergo guidance at the Bapas. Conclusion: The eradication of drug abuse has become a state effort to create generations of clean and drug-free nations. At the moment, the Indonesian government has established the problem of narcotics abuse as a very serious problem.
Co-Authors Asep Herman, Asep