Formal Justice System Research Articles

Law Enforcement Against Children Perpetrating Narcotics Crimes in Teluk Bintuni Regency

The child's immaturity in mental health and the way of thinking and behaving that is often hasty in making decisions is a disaster for him, so he falls into the trap of narcotics. When the child is suspected of committing a crime, the existing formal justice system ultimately places the child in the status of a prisoner, which of course has quite significant consequences for the child's growth and development. Based on Law Number 35 of 2014 concerning Child Protection, states that the arrest, detention, or imprisonment of a child is only carried out by applicable law and can only be carried out as a last resort. The criminalization system for children as perpetrators of drug abuse from the perspective of criminal policy cannot be separated from the formulation stage, which includes the definition of drug abuse by children, the background of the development stage by children as subjects of criminal law, and the development of theories of punishment and models for regulating types of criminal sanctions for children as perpetrators of drug abuse. These are also very important because if there are weaknesses in the formulation, it can hinder the enforcement of justice to protect children. Law enforcement against children who commit drug abuse crimes is seen as a diversion path implemented using the provisions of the SPPA Law, namely through penal mediation. Penal mediation is used in the early stages when there is a desire by the child to resolve his/her problems, accompanied by the relevant parties, namely parents, victims and their families, community leaders, and mediators in leading the forum.

The The Principles and Implemetation of Case Settlement Through Aceh Customary Courts Process

Aceh customary courts have principles for resolving cases in reducing customary civil and criminal cases that occur in society, especially disputes that are not included in the formal justice system. This research aims to examine the principles underlying the resolution of cases through customary courts in Aceh, as well as how these principles are applied in the practice of resolving customary cases. By using a normative legal method, the resolution of customary cases in Aceh has its own principles that reflect the characteristics of customary law lives in Acehnese community (ureung Aceh). The principles of resolving cases through Aceh customary justice are principle of peace, justice, musyawarah and mufakat (mediation and negotiation), sincerity and willingness, fast, easy and cheap, openness, kinship, equality before the law, and guidance. The application of the principles of case resolution in the Acehnese customary justice process is a necessity. Acehnese community want cases to be resolved peacefully because this method has been a tradition passed down from generation to generation. The term for peaceful resolution of cases called suloh. Customary law does not distinguish between acts that are violations of civil law and violations of criminal law so that civil cases and criminal cases are decided simultaneously in a trial that is not separate. The use of the principle of musyawarah and mufakat in the implementation of customary justice has a very important role and determine whether or not the trial can be held.

Understanding the Use of Practitioner Discretion in Screening ADR Services for Suitability: Results of a Pilot Study

Processes categorised under the banner of “ADR”, particularly mediation and conciliation, are increasingly relied upon by parties in dispute, both inside and outside of the formal justice system. Given that an ADR process may not always be appropriate for a given dispute, legislation often affords ADR practitioners discretion as to whether to offer (or continue offering) an ADR process. However, there is limited contemporary empirical evidence exploring how practitioners are making such decisions in practice. To build on existing empirical research, I conducted a pilot study of ADR practitioners in the form of a survey (n = 12) in the lead up to and during the National Mediation Conference 2021. The pilot study had several limitations, resulting on a majority of respondents (n=10) being Family Dispute Resolution Practitioners (‘FDRPs’). As such, the results of the pilot study have been limited to a discussion in the context of family law only. The pilot study asked practitioners a series of multiple-choice questions, with the opportunity to provide free-text responses, and asked the practitioners demographic and characteristic questions, before asking practitioners to identify factors which influence when and how ADR is offered or ceased to be offered to parties in a dispute. The results of the pilot study supports existing evidence that FDRPs can have very different approaches to how they use their discretion to offer dispute resolution, in the context of their requirements to assess suitability for dispute resolution under the Family Law Act 1975 (Cth) and associated regulations. I discuss the possible impacts of this potential inconsistency in practitioner discretion on parties and the legal system more generally and make suggestions for further research.

Legal Analysis of the Application of Restorative Justice in Narcotics Abuse Offenses Involving Minors

This research aims to determine and analyze restorative justice arrangements in criminal acts of narcotics abuse for children as well as obstacles and solutions in implementing restorative justice in criminal acts of narcotics abuse for children. The research method used in this research is normative juridical. The results of this research show that restorative justice in handling and resolving narcotics crimes committed by children and efforts to resolve problems related to the use of diversion tactics in juvenile narcotics crimes in general have not run optimally in accordance with the provisions of Law Number 11 of 2012 concerning the justice system. children and the formal criminal justice system. Research recommendations to law enforcement officials that it is best to implement Restorative Justice in handling criminal acts of narcotics abuse by children in Indonesia should take a comprehensive approach.

Popular Criminology, Sexual Violence and Alternative Modes of Justice

The idea of ‘popular criminology’ has gained currency within academic criminology, with criminologists recognising that popular cultural portrayals of crime, violence and justice offer alternatives discourses which enhance the criminological imagination beyond the limits of academic criminology, offering more complex understandings of crime and violence and reimagining the nature of justice (Brown and Rafter, 2012; Rafter, 2007; Wakeman, 2013; Wattis, 2018, 2022). This article will consider cultural representations of sexual violence as progressive portrayals which reveal the harms of sexual violence, disrupt stereotypical rape narratives and highlight the victim experience (Powell et al., 2015; McGlynn and Westmarland, 2019). There is now a growing activist and academic movement calling for a reimagining of justice beyond formal redress. This is in part a response to the widely acknowledged failure of formal justice systems to deliver justice for victims of sexual violence and the anti-carceral critique of feminism’s support for carceral justice responses to violence against women. Ultimately, I consider how popular culture might contribute to a more progressive vision of justice which resonates with McGlynn and Westmarland’s (2019) notion of ‘kaleidoscopic justice’ where victims are centred and the harms of sexual violence are fully recognised. I conclude by considering the ethics of representations of violence against within popular culture.

A Question of Age? Applying Desistance With Children

Youth justice in England and Wales has seen the increasing adoption of desistance thinking in recent years. There has been scarce academic debate of this development, despite the desistance evidence base focussing on adult pathways away from crime. This article examines the theorisation and application of desistance thinking with children, centring on the experiences and narratives of four ‘groups’ involved in the formal youth justice system in England and Wales, across two empirical studies. It challenges previous scholarship that denies the relevance of desistance theories to under-18s, arguing for progressive desistance practice that prioritises children’s healthy long-term development.

HUMAN RIGHTS AND ETHICAL CONCERNS IN MOB JUSTICE CASES: LITERATURE REVIEW

Mob justice, a phenomenon characterized by a group's extrajudicial administration of punishment, raises intricate questions about human psychology, ethical norms, and societal cohesion. This article presents a comprehensive analysis of mob justice, drawing insights from a systematic literature review that spans psychological, moral, and long-term societal dimensions. The study highlights the psychological underpinnings of mob behaviour, where groupthink and deindividuation play significant roles in shaping individuals' participation. This analysis sheds light on the intricate motivations driving collective violence. Moreover, the ethical implications of mob justice are explored, revealing widespread human rights violations and challenges to established ethical norms. The erosion of the right to a fair trial and the presumption of innocence, fundamental to human rights frameworks, underscores the urgent need for aligned practices. In examining the lasting societal consequences, the article unveils fractured community relations, reduced trust in formal justice systems, perpetuation of violence cycles, and stigmatization. This comprehensive understanding underscores the importance of addressing mob justice beyond legal parameters. The article identifies research gaps, calling for deeper profiling of participants, human rights-centered interventions, and comprehensive long-term strategies. The influence of the digital era remains underexplored, necessitating research into online platforms' contribution to mobilization. Ultimately, synthesising insights offers a holistic perspective on mob justice, encouraging collaborative efforts toward evidence-based interventions that foster more just and humane societies.

Diversi Oleh Pengadilan Negeri Kotabumi Sebagai Bentuk Penyelesaian Perkara Anak

Furthermore, the Children's Judge in its implication has an obligation and realizes a balanced Diversity Agreement for both parties, in which the agreement of diversia is an agreement on the results of the Diversion deliberation process as outlined in the form of documents and signed by the parties involved in the Diversion deliberation. handling children as perpetrators of crime is one form of attention of judges to the conditions of children who are different from adults, the nature of children as individuals who are still unstable, the future of children as assets of the nation and the position of people in communities who still need protection can be used as a basis for searching alternative solutions on how to avoid children from a formal criminal justice system.
 The method used in this study is an empirical approach derived from data collection obtained from primary data and secondary data, then analyzed by qualitative analysis methods.
 The results of this study ultimately provide the answer that diversion as a form of settlement of child criminal cases through the Restorative justice approach by Judges of Children in the Kotabumi District Court can be implicated because of observing 1) The best interests of the Child, 2) The survival and growth of the Child. The suggestion from this research is that the role of the Facilitator needs to be socialized more intensively to the community because there are still many people who do not understand correctly the implementation of diversion.

Effect of Formalization of Rural Women’s Land Rights in a Plural Justice System: The Case of the Sidama Regional State

Joint land registration and certification program has been introduced in Ethiopia to secure rural women’s land rights through a joint titling of a husband and wife. This article examines the effect of this program in the protection of women’s land rights in the context of the plural justice system and the process of women’s choice-making among the various justice systems that exist in the Sidama regional state. The findings demonstrate that the land registration and titling process contributed to bring change in the type and frequency of cases brought before courts and in its decision by raising women’s consciousness of their land rights. It has also contributed to bringing change in some of the applicable norms in the customary justice system towards women’s inheritance rights. Rural women alternate between the formal and informal justice systems by choosing the one that best serves their interests while taking into account various factors that affect their land rights. However, the practice of polygamy, informal land transactions and the entrenched social norms that discriminate against women have made the contribution of the land certification program to be minimal and has limited the enforcement of women’s land rights in the plural justice setting.

The Contradiction Of Diversion Become An Option For Handling And Resolving Cases Against Children Who Complete Criminal Actions

Diversion is a system of handling outside the formal justice system process due to criminal cases involving child perpetrators who are underage. Settlement through diversion is reserved for children in conflict with the law. This journal writing research method uses normative theory. Therefore, according to Article 108 of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System, the diversion system is used for reasons of distancing and separating underage perpetrators from settlement through the formal justice system so that discrimination does not occur against child offenders. Through prevention efforts in the form of diversion, it does not provide a deterrent effect so that underage criminals underestimate the existence of these diversion efforts. Efforts so that child victims are protected from children who commit acts against the law or perpetrators are maximally not giving diversion to children who return to committing crimes after a judge's decision.

Labeling effects of initial juvenile justice system processing decision on youth interpersonal ties*

AbstractThe juvenile justice system can process youth in myriad ways. Youth who are formally processed, relative to being informally processed, may experience more public and harsh sanctions that label youth more negatively as “deviant.” Drawing on labeling theory, the current study evaluates the relative effect of formal justice system processing on the interpersonal dynamics of youth peer networks. Using data from the Crossroads Study, a multisite longitudinal sample of first‐time adolescent offenders, the current study applies augmented inverse probability weighting and generalized mixed‐effects models to estimate the effects of formal processing on friendship selection processes of homophily and withdrawal and considers whether these effects vary by race and ethnicity. Consistent with expectations of homophily, formally processed youth acquire more new deviant peers and fewer nondeviant peers during the 3 years after their initial processing decision compared with informally processed youth. The findings suggest no differences exist across processing types in withdrawal from friends. These effects were consistent across racial and ethnic groups. Ultimately, this study explores the dynamic interpersonal mechanisms associated with labeling theory and offers additional insight into the negative effects of formal processing.

PERAN GURU DALAM MEMBERI PERLINDUNGAN TERHADAP ANAK (PERSEFEKTIF KEBIJAKAN HUKUM NARKOBA)

This paper aims to describe the role of teachers in providing protection to children from the point of view of drug law policy by formulating the problem of how the protection is by teachers children who abuse drugs. This study uses a qualitative research methodology. This type of research is under the umbrella of library research, namely research conducted through library research. The findings of this study are used to guide efforts to transfer children from the formal criminal justice system to non-formal criminal justice systems in order to keep them from becoming addicted to drugs. One of the distinctive aspects of this diversion technique is the participation of multiple stakeholders. Diversion differs from mediation in that it involves more than just the parties to the conflict; that mediation only involves conflicting parties, diversion also involves other parties such as community leaders, parents (children of perpetrators), religious leaders, law enforcement officers, and teachers. But among all those involved, the instructor was the one who had a significant impact. Because teachers function as surrogate parents, have more time with children than other adults, and help shape children's personalities.

Impeding factors hindering juvenile offenders’ access to pretrial diversion services in Zimbabwe: study of St Marys, Chitungwiza Urban Centre Zimbabwe

This paper aims at exploring the antecedent factors affecting access to Pre-Trial Diversion (PTD) services by juvenile offenders from high density suburbs in Zimbabwe with particular focus on St Marys high density suburb. Having been tailor made to suit these offenders’ core rights and needs, this program seeks to promote preventive, protective, rehabilitative, reformatory and restorative justice among young offenders. This is achieved through diverting them from the formal criminal justice system that is firmly hinged on punishment, incarceration and prosecution. To this effect, out of 156 administrative districts, Chitungwiza District was selected for this study because of proliferating cases of juveniles’ incarcerations and prosecutions besides it being the oldest and first district to host this program. This paper’s key objectives thus, are to profile the PTD program as a tool to access restorative justice, assess the factors or barriers behind juvenile offenders’ failure to access diversion services and finally, to suggest possible intervention measures to improve access to the aforementioned services. Thus, the restorative justice theory informed this study as it advocates and sets parameters for the establishment of a child-friendly justice system. Again, this study adopted the qualitative research approach and more so, case study design informed this study. To this end, data were collected from participants using a combined set of data collection methods. These methods include documentary review of three reports from Justice for Children Trust (JCT), the Ministry of Justice, Legal and Parliamentary Affairs and UNICEF accordingly. Seven (7) in-depth and five (5) key informant interviews of young offenders and key professionals (within the diversion committee) respectively were also conducted. The study also conducted two (2) focus group discussions with firstly, key stakeholders with a bearing in juvenile justice promotion and secondly, with young offenders for rich and comparative insight. Submissions from participants revealed that there are seven (7) diversion options provided for juvenile offenders including counselling, victim-offender mediation, group conferencing, reparation, community service among others. Regardless of the existence of these options, the findings established that, most of these juveniles lacked the impetus to access diversion services due to a myriad of socio-economic, politico-legal, physical and religio-cultural barriers. These factors generally include limited diversion options, resource constraints, shortage of skilled labour, knowledge, poor involvement of significant others, poor infrastructure, beliefs and perceptions about the causes of juvenile offending, lack of political will and the absence of the Child Justice Act. Cognisant of these barriers to this end, it was recommended that there is need to expedite the enactment of the Child Justice Bill in particular, increase awareness raising on children’s rights, build capacity building among key stakeholders coupled with decentralizing the program while increasing participation of parents or guardians in diversion processes. How to cite this article using ASWNet style Sithole, J. D. S. (2023). Impeding factors hindering juvenile offenders’ access to pretrial diversion services in Zimbabwe: study of St Marys, Chitungwiza Urban Centre Zimbabwe. People centred – The Journal of Development Administration (JDA), 8(2), 47. Social Work and Development Student Conference (SWDSC), 16 June 2023. https://dx.doi.org/10.4314/jda.v8i2.5 Conference Abstract Social Work and Development Student Conference (SWDSC), Held on 16 June 2023, Day of the African Child (DAC), Organised by Africa Social Work and Development Network (ASWDN). Conference Organising Committee: Danzel Rademan, University of the Free State, South Africa (Chairperson); Atuhairwe Collins, Student, Master of Social Work, Makerere University, Uganda (Vice-Chairperson); Never Winnie James Sebit, South Sudan; Bachelor in Social Work, RCSS, India (Secretary); Tatenda Sukulao, Bachelor of Social Work, Midlands State University, Zimbabwe (Vice-Secretary); Norman T. Manyika, Student, Bachelor of Social Work, University of Zimbabwe (Committee member) & Takudzwa Banda, Bachelor of Social Work, University of Zimbabwe (Committee member). Visit journal website: https://jda.africasocialwork.net

Durable Resolutions

Abstract Studies that examine the administration of justice in refugee camps highlight the legal plurality that commonly characterizes such sites, and the normative friction it creates between government and humanitarian institutions and community structures. Drawing upon research among South Sudanese refugees in Uganda and Ethiopia, this article foregrounds the place of transnational networks and temporal experiences in shaping processes of dispute resolution among refugees. South Sudanese refugees regularly turn to community structures to arbitrate disputes, even when these disputes relate to crimes that, under the laws of host states, must be reported to the authorities. As opposed to the individualized formal justice systems of host states, which are limited by borders, community justice links refugees across countries, draws on understandings of past communal events and relationships, prioritizes communal harmony and order, and thus produces a sense of continuity under conditions of dispersal and extreme precarity.

ACCESS TO JUSTICE: A CRITICAL ANALYSIS OF KHYBER PAKHTUNKHWA ALTERNATE DISPUTE RESOLUTION ACT 2020

Alternate Dispute Resolution scheme is not a novel idea; rather it existed in diverse forms throughout history. These forms have been shaped by certain fundamental principles, aiming to provide socio-legal security to society in conjunction with the formal justice system. Many countries have adopted this complementary system as support to their judicial systems for needs of society. In order to assimilate this informal judicial system into, proper mechanism need to be established through legislation. However, instead of providing a comprehensive legislative framework, the Khyber Pakhtunkhwa Government has implemented an indemnified bureaucratic system, which crafted a pathway for sluggish litigation. This paper critically examines existing alternate dispute resolution mechanism of Khyber Pakhtunkhwa. Instead of supporting the existing adjudicating system, it undermines efficacy of existing legislations by ignoring role of stakeholders having experience and knowledge in the process of dispensation of justice. Therefore, it is suggested that apposite, bifurcated laws with discrete regulations be enacted for different categories of disputes. Furthermore, this mechanism should be implemented through the existing justice system to establish a dynamic framework for alternative dispute resolution. This approach will inculcate confidence in society, enabling them to embrace alternative dispute resolution without hesitation. Keywords: Alternative Dispute Resolution (ADR), Khyber Pakhtoonkhwa ADR Act, 2020, Critical Analysis of Khyber Pakhtoonkhwa ADR Act, 2020, Comparative study of Khyber Pakhtoonkhwa ADR Mechanism, Analytical study of Khyber Pakhtoonkhwa ADR Mechanism.

Legal Protection of Children as Persons of Criminal Abuse in the Investigation Process at Polres Aceh Tenggara

Children as perpetrators of crimes will also experience a legal process that is identical to adults who commit crimes, the meaning of the word identical here means "almost the same", which differs only in the length and way of handling it. Facing and handling the juvenile justice process involved in a crime, the first thing that should not be forgotten is to look at his position as a child with all of his special characteristics and characteristics, thus the orientation is based on the concept of protection of children in the process of handling them so that things this will be based on the concept of child welfare and the interests of the child. Handling children in the legal process requires an approach, service, treatment. The Southeast Aceh Resort Police as the leading institution in law enforcement has a sizable responsibility to harmonize the duties and authorities of the Police, especially in Southeast Aceh District as stipulated in Law Number 2 of 2002 concerning the Indonesian National Police, in dealing with children in conflict By law, the police always have to pay attention to the condition of children who are different from adults. The nature of children as individuals who are still unstable, the future of children as national assets, and the position of children in society who still need protection can be used as a basis for finding an alternative solution how to prevent children from a formal criminal justice system, placing children in prison, and stigmatization of position of the child as a convict. The investigation process is an initial stage where a child is confronted with the police. Irregularities that usually often occur in the process of investigating child crimes in the form of abuse, beatings and other bad treatment certainly experience obstacles so that efforts are needed to achieve the goal of protecting children who are in conflict with the law, especially perpetrator of the crime of torture.

A Difficult Balance: Challenges and Possibilities for Local Protocols to Reduce Unnecessary Criminalisation of Children in Care and Care Leavers

In 2018, the National Protocol on Reducing Unnecessary Criminalisation of Looked-after Children and Care Leavers was published in England. The protocol represented national recognition of the issue and called for local authorities to implement their own agreements. However, the protocol was given no statutory status, which immediately raised questions about its potential impact. Drawing on analysis of 36 local protocols from across England and Wales, this article explores the challenges and possibilities of using local agreements to divert children in care and care leavers away from formal justice systems contact.

Judiciary institutions and violent crime in American Indian nations

AbstractIn many American Indian nations the security situation is dire. While scholars have studied how institutions shape economic development in American Indian and Alaska Native (AIAN) nations, the role of AIAN institutions for security and violent crime has received much less attention—despite the extensive literature highlighting the important role of effective and legitimate institutions in the long‐term decline of violence. We analyze how varying types of American Indian polities and judiciary institutions fare in tackling violent crime using data across 146 American Indian polities. Our findings indicate that more autonomous American Indian criminal justice institutions with specialized court systems are associated with lower violent crime. However, customary justice institutions do not appear to be effective in reducing violent crime, highlighting the problem of cultural mismatch between traditional and formal justice systems. We argue that analyzing AIAN nations provides important insights into how institutional legitimacy can shape violent crime.

Traditional Justice Systems in the Nigerian Administration of Justice: Lessons from Kenya

The Nigerian administration of justice is facing many challenges such as congestion of cases in the courts, delays in the prompt resolution of cases, corruption in the formal justice system, a punitive and retributive approach to crime with little or no room for restitution and reparation of victims of crimes, as well as the adversarial, hostile, and technical nature of litigation. Although the federal government and some states have made efforts in respect of criminal matters by the enactment of the Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Laws (ACJL) traditional justice systems can effectively ameliorate these challenges in the resolution of both civil and criminal matters. However, the potential benefits of the effective application and operation of traditional justice systems in Nigeria are hindered by their restriction to civil disputes, the lack of a clear and specific legal and policy framework, scant regard for procedural justice, inadequate or lacking of enforcement mechanisms and a retributive and punitive approach of the criminal justice system. This article analyses the nature of the Nigerian traditional justice systems and their relationship with alternative dispute resolution (ADR) mechanisms to see how ADR could complement the Nigerian administration of justice. The article further examines the challenges of the Nigerian administration of justice and the practice of traditional justice systems in Kenya to draw lessons for Nigeria. The article argues that the reconciliatory and restorative focus of tranditional justice systems could help resolve some of the challenges facing the Nigerian administration of justice. The article suggests legal, policy, and institutional reforms and their integration for effective application in Nigeria.

Analisis Yuridis Penerapan Diversi dan Keadilan Restoratif dalam Sistem Peradilan Pidana Anak pada Tingkat Penyidikan Demi Mewujudkan Perlindungan Anak

Abstract: Purpose: This study is to find out the legal arrangements for diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police, to find out the implementation of diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police and to Know the Constraints / Barriers and Solutions to diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police. Method: This research is normative legal research, supported by sociological/empirical research, using secondary data sources from library research to obtain a theoretical basis in the form of opinions or writings of experts, as well as to obtain information both in the form of formal provisions and data through official texts. Result: The formal criminal justice system which ultimately places children in prison status certainly brings considerable consequences in terms of child growth and development. The punishment process given to children in prisons does not succeed in making children deterrent and become better individuals to support their growth and development process, prisons often make children more skilled in committing crimes. Keywords: 1. Diversion 2. Investigation 3. Child Protection