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Royani, Acmad
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Independent

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Diversion Provisions in Criminal Law: A Normative Review of Diversion in Cases of Children in Conflict with the Law Royani, Acmad; Arifin, Syamsul; Seto Nugroho, Fajar; Indah Suryani, Dewi
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.386

Abstract

Children are individuals who are in the development stage and have special vulnerabilities, especially when dealing with the law. The state has a constitutional obligation to provide legal protection for children in conflict with the law, as regulated in the 1945 Constitution and a number of national laws and regulations, and reinforced by international conventions such as the CRC. This study aims to examine the regulation of the human rights of children involved in the criminal law process and to examine the implementation of the diversion mechanism at the investigation stage as a form of restorative justice in the juvenile criminal justice system. The method used is normative juridical with a statute approach to primary legal materials such as the 1945 Constitution, the SPPA Law, and its implementing regulations. The results of the study show that although the regulations have provided a strong legal basis to guarantee the protection and recovery of children, the implementation of diversion still faces structural and cultural obstacles, such as limited understanding of the apparatus and minimal support for facilities. Therefore, it is necessary to strengthen institutional capacity, increase cooperation between institutions, and update the legal approach that is oriented towards the best interests of children.
Responsibility For Error in Persona in Case of Wrong Shooting By Police Officers Royani, Acmad; Arifin, Syamsul; Nugroho, Fajar Seto; Suryani, Dewi Indah
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.405

Abstract

This study discusses Error in Persona , which is an error in determining legal subjects in criminal cases. This mistake has serious implications for the validity of the court decision and the protection of the rights of the accused. In the context of Indonesian criminal law, errors in identifying the perpetrators of criminal acts can lead to an unfair judicial process and even lead to the criminalization of innocent individuals. This study uses normative juridical methods with a legislative approach and case studies, to comprehensively understand the application of legal norms. The results of the study show that mistaken identity in criminal cases violates fundamental principles in the law, such as the principles of legal certainty, justice, and non-discrimination. In addition, such errors can have far-reaching legal consequences both for the integrity of the justice system and for the protection of human rights. To overcome this problem, it is necessary to strengthen the identification and verification mechanism from the investigation stage to the trial. This effort can be carried out through increasing the accuracy of population data, utilization in the process of identifying perpetrators of criminal acts. With these steps, it is hoped that errors in the determination of legal subjects can be minimized so that a more fair, accountable, and upholding the human rights of every citizen can be created.
Co-Authors Indah Suryani, Dewi Nugroho, Fajar Seto Seto Nugroho, Fajar Suryani, Dewi Indah Syamsul Arifin