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INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 13 Documents
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Search results for , issue "Vol 6, No 4 (2018)" : 13 Documents clear
PELAKSANAAN DIVERSI TERHADAP ANAK YANG MENJADI PELAKU DALAM PERKARA TINDAK PIDANA KECELAKAAN LALU LINTAS (STUDI KASUS : PENETAPAN NOMOR : 223/PID.SUS-ANAK/2014/PN.BLG DI PENGADILAN NEGERI BALIGE) Mangasitua Simanjuntak; Marlina Marlina; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Associated with it, in the unaccommodating child protection principles particularly of non-discrimination principle that prioritizes the best interests for the child and the right to life, survival and development of the child, the legislation of the Republic of Indonesia Number 11 Year 2012 about the criminal justice system of the child which is the turn against law number 3 of the year 1997 concerning juvenile court was set up expressly concerning restorative justice and Diversion that is intended to avoid and keep children from the judicial process so that it can avoid the stigma against children who are dealing with the law and the child can go back into the social environment is reasonably. It is therefore very necessary role as well as all parties in realizing it.The concept of Versioned poured in article 7 paragraph (1) and (2) the Law Number 11 year 2012 RI about the criminal justice system requires that Children on any judicial process is initiated from the Investigator, public prosecutor or Judge has an obligation to Children implement a versioned for every child as the perpetrator of the crime of traffic accidents, based on the normative research done by acquiring legal materials of primary, secondary and tertiary diola and analyzed in perspective.That the process of implementation of the diversion is done at the stage of investigation by the investigator if not reached then the mandatory attempted diversion by the public prosecutor at the stage of prosecution and if not accomplished also then Judge in the Examination stage The matter of children in State Court seeking diversion mandatory and if that also does not reach an agreement it will be only a Matter of settlement of the child through the process of criminal justice that is closed to the public, and in the resolution of the matter of the child through the criminal justice process is still open to the unsettled versioned upon agreement of the parties: child/perpetrators, victims, parents of the victim, community counselors, and social workers Professionals based on restorative justice approaches and local wisdom Dalihan Natolu (Adat Batak Toba) who contributed positively in the achievement of a deal are versioned. Keywords             :  implementation of the Diversion, the crime of traffic accidents, local wisdom.
POLITIK HUKUM DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DENGAN HUKUM ISLAM TERHADAP TINDAK PIDANA PENISTAAN AGAMA Irma Hayati Nasution; Syafruddin Kalo; Hasballah Thaib; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRAK Since the era of reform of cases of irregularities in  society more and more appear, one of which is the advent of the crime of defamation of religion in various forms, such as the emergence of irregularities in religious life in the community as opposed to the teachings and religious laws that already exist. These things can undermine the foundations of religious life existing community.Crime Settings Defamation of Religion in criminal law stipulated in the laws and regulations in Indonesia is contained in Article 156a of the Law of the Republic of Indonesia Number 1 Year 1946, hereinafter contained in Law No. 1 / PNPS / 1965 on Prevention of Abuse and or blasphemy bill in Articles 341-349 of the Criminal Code, and under Islamic law stipulated in the Qur'an surah an'am verse 108, Surah al-Maidah verse 57, Surah al-Luqman verse 6, Surah al-jaatsiyah verse 9.   Keywords: Politics of Law, Criminal Code, Islamic Law, Blasphemy,
PELAKSANAAN TUGAS PEMBIMBING KEMASYARAKATAN DALAM PROSES DIVERSI ANAK YANG BERKONFLIK DENGAN HUKUM DI BALAI PEMASYARAKATAN KELAS I MEDAN Ica Karina; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT A Community Guidance is a correctional officer at the Correctional Institution conducting guidance to a Penitentiary Sub-prisoner outside the authority of LAPAS. In the juvenile justice process, the community counselor is tasked with preparing a community research report (LITMAS). This social research serves to find out more in the background of children's social life both economic, educational, religious and social interaction. Form of guidance given in the form of: religious education, character education, guidance and counseling of individuals and groups, formal education, scouting, vocational education, psychotherapy, literature, and psychiatry therapy. The Criminal Function is no longer merely a jail but it is also a process of rehabilitation and social reintegration of the Insured Citizens within the penitentiary. This study aims to find out the task of social guidance against children who are faced with the law and to know the implementation of the social guidance in the process of diversion against the children who are faced with the law in the Class I Pemasyarakatan Medan. This research indicates that the task of the Community Guidance in the making of community research and mentoring of children in conflict with the law as the suspect / defendant in the criminal justice process of the child, and for the adult suspects in certain crimes and LITMAS for the interest of prisoners' care and guidance of the prison shows the involvement of the Community Guidance Counselor since the beginning of the legal process until the return of a prisoner and prison student to the public. In the execution of a Class 1 Medan community mentor has the duties and functions, among others, the basic task of the first class BAC supervisor Medan is to provide community guidance or alleviation of children in accordance with applicable legislation and conduct coaching, guidance and supervision of clients outside Penitentiary . Keywords: Task Implementation, Community Guidance.

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