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Seto Nugroho, Fajar
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
The Concept of Concursus Realis in Criminal Law; A Legal Study of The Crimes of Rape and Murder Seto Nugroho, Fajar; Ningtyas, Mega Ayu; Muljono, Bambang Eko; Hidayatullah, Ferdiansyah Safi’i
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.v13i2.388

Abstract

Concursus realis in cases of rape accompanied by murder based on the provisions of criminal law in Indonesia in Article 65 of the Criminal Code (KUHP) provides for one sentence for perpetrators who commit two independent crimes simultaneously but have never had a previous court decision. The research method used is a normative legal approach by analyzing laws and regulations and accountability for related cases. The results of the study indicate that the application of concursus realis allows perpetrators to be subject to one sentence with a maximum sentence and can be increased by one third of the heaviest sentence, as long as there is an element of intent, the ability to be legally responsible, and the absence of a valid excuse. This principle is important to ensure justice in sentencing, not only based on criminal acts, but also the awareness and will of the perpetrator when committing the crime. In addition, the study highlights the need for caution and thoroughness of law enforcement officers and judges in implementing this provision, especially in cases related to human rights violations that have existed since birth which must be protected and respected. In cases involving human rights, such as rape and murder, the application of the law must be based on the national legal system. It is hoped that the results of this study can provide academic and practical contributions in supporting the enforcement of concurrent criminal law in Indonesia, as well as being a consideration for law enforcement so that the judicial process runs fairly and effectively.
Co-Authors Hidayatullah, Ferdiansyah Safi’i Indah Suryani, Dewi Muljono, Bambang Eko Ningtyas, Mega Ayu Royani, Acmad Syamsul Arifin