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Edi Yuhermansyah
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eys_0401@yahoo.com
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+6281363555462
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legitimasi@ar-raniry.ac.id
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Faculty Shariah and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh, 23111
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INDONESIA
LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 20888813     EISSN : 25795104     DOI : 10.22373/legitimasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Legitimasi Journal (the Journal of Criminal and Political Law) published biannually in January and July, is published by the Faculty Shariah and Law UIN Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law and Islamic law in general and to discuss discourses of the development of criminal law and government policies in various perspectives. It is also to help in the understanding of criminal law and politic of law in Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "Vol. 14 No. 2 (2025)" : 2 Documents clear
The Effectiveness of Diversion in Resolving Juvenile Breast Groping Cases Shanty, Fiorentina Elfrida; Rasdi, Rasdi
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 2 (2025)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.3015

Abstract

Sexual harassment committed by minors, particularly in the form of breast-grabbing, is a complex phenomenon due to the offender’s ongoing psychosocial development. The legal handling of such cases requires not only a repressive approach but also the application of restorative justice through diversion mechanisms. This study aims to analyze the effectiveness of diversion in resolving a breast-grabbing case committed by a minor in Semarang. This research uses a juridical-empirical method with a qualitative approach, focusing on a case study at the Class I Correctional Center (Bapas) in Semarang. Data were collected through interviews and the analysis of legal documents related to the diversion process. The findings indicate that the diversion was conducted in accordance with legal provisions and resulted in an agreement involving an apology, financial compensation, and a commitment to rehabilitate the offender. However, the study also identifies limitations in the victim’s recovery and the continuity of the offender’s rehabilitation. It further questions whether justice is truly achieved when the victim remains psychologically affected, and highlights the risk of behavioral normalization if rehabilitation is not effectively implemented. Therefore, the effectiveness of diversion in sexual offense cases should be understood not only from a procedural standpoint but also in terms of achieving substantive justice for all parties involved.
The Application of Restorative Justice as a Resolution of the Criminal Act of Theft by Child Perpetrators: A Case Study at Klaten Police, Central Java Isandra, Nariza; Sukoco, Bambang
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 2 (2025)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.31522

Abstract

This study aims to analyze the implementation of the restorative justice approach in handling theft offenses committed by minors within the jurisdiction of the Klaten Police Resort, Central Java. The research employs an empirical juridical method, collecting data through interviews and a literature review. The findings reveal that Law No. 11 of 2012 concerning the Juvenile Criminal Justice System provides the legal foundation for applying restorative justice at every stage of the juvenile criminal process, including the investigation phase. The Klaten Police implement diversion through deliberative meetings involving the offender, the victim, their families, and community counselors, taking into account humanitarian considerations and the best interests of the child. Non-litigation settlement is prioritized in the law enforcement process involving juvenile offenders and is supported by active community participation and the flexibility of law enforcement officers in facilitating restorative processes. The study implies that the application of restorative justice by law enforcement officers can foster a sense of fairness and justice for children, both as offenders and as victims of crime.

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