Juvenile Justice Processing Research Articles

Do foster youth face harsher juvenile justice outcomes? Reinvestigating child welfare bias in juvenile justice processing

Do foster youth face harsher juvenile justice outcomes? Reinvestigating child welfare bias in juvenile justice processing

CHILD PROTECTION AND JUVENILE JUSTICE: LEGAL ISSUES IN BANGLADESH AND MALAYSIA

Child protection and juvenile justice are emerging issues and a major concern for nations across the globe. Considering the importance of child protection, different nations in the world have also given attention to reducing child delinquency by amending their laws on children. Bangladesh and Malaysia have ratified the UN Convention on the Rights of the Child (UNCRC) 1989 and incorporated its principles into their domestic legal framework for child-friendly care and protection of juvenile offenders. Since 2013, there have been many new concepts developed on this issue in the legal systems of both countries. The government of Bangladesh has enacted the Children Act 2013 by replacing the previous Children Act 1974. As a result, Bangladesh can now legally safeguard children’s best interests more effectively. The Malaysian government amended the Child Act 2001 and introduced the Child (Amendment) Act 2016 to protect children and establish institutional treatments for juvenile offenders. The government has also legislated the Sexual Offences Against Children Act 2017 to reduce delinquency. As a result, the child protection and justice systems in both countries have developed new dimensions, as well as preventing the abuse of the vulnerabilities of detained children during pandemic times. The present study analyses the major changes in the juvenile justice process in both countries, especially the protection of children as per the domestic legal framework and at the same time guided by international legal standards. The present study has a qualitative research design and uses content analysis to identify, analyze, and synthesize the content of child-related laws. The findings will be valuable to policymakers, as they point to the need to strengthen the existing legal framework for better child protection within the justice systems of both Bangladesh and Malaysia.

Restorative Justiceand Protection of Children's Rights in the Criminal Legal Process

Protection for children who are in conflict with the law in the juvenile criminal justice process, from investigation, prosecution, court, to juvenile correctional facilities, has not been able to provide protection that provides a sense of justice for children. In fact, children's rights are often ignored. In the case of children, children can be perpetrators, victims, or witnesses, so serious protection and treatment is needed to prevent wider and detrimental impacts on them. Handling of children's cases must be carried out by officials who understand children's problems. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System marks progress in protecting children in conflict with the law, by changing the paradigm in handling these cases. The process of resolving children's cases is not only limited to the judiciary, but can also be carried out outside the judiciary through diversion with a restorative justice approach. This approach involves all relevant parties, including perpetrators, victims, witnesses and other parties, to jointly find solutions in the best interests of the child.

Perlindungan Hukum Terhadap Anak Sebagai Korban

Introduction: The resolution of acts of violence faced by children as perpetrators, witnesses, and victims if the criminal law is resolved is still inappropriate, considering that between the perpetrator and the victim as children so that different ways of solving the case are still needed.Purposes of Devotion: The purpose of this writing is to study more deeply related to problems related to previous research as a follow-up to the results of the research in order to provide legal education, especially related to solving crimes related to the Protection of Children as Victims carried out with a Restorative justice approach, as a model for solving cases. Method of Devotion: The methods of activities carried out in this socialization activity are Coordinating with the church, Preparing material or materials in the form of powerpoint material related to the problems studied in this PKM activity, Preparing a location to be used for PKM activities at Shiloh Church, joint discussions between participants and resource persons.Results of the Devotion: The result of this writing that is intended to be achieved is to realize legal protection for children by providing guarantees for the fulfillment of their rights without discriminatory treatment. Protection for children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and court to children's correctional institutions has not been able to provide protection that can realize a sense of justice for children and even children's rights are often neglected. Children have been positioned as objects and tend to harm children. In children's cases, children are sometimes the perpetrators, victims and witnesses, so serious protection and handling is needed to anticipate this so that it does not have a wider impact and harm the child. The process of protecting children as perpetrators, witnesses and victims must be given attention in the handling process, namely that it must be handled by officials who truly understand children's problems.

Child Drug Abuse: Factors, Judicial Process, and Legal Protection

Drug abuse among children is a serious issue that requires special attention. This article discusses the factors that influence children from engaging in drug abuse, the judicial proceedings against them, and the legal protections provided. The research method used is a normative legal research method with a qualitative approach. The results showed that peer factors, personality, psychiatric conditions, family, and the availability of narcotics in the market play an important role in narcotics abuse. The juvenile justice process for drug abusers goes through several stages, including investigation, prosecution, trial, and formation at the Special Child Development Institute. Legal protection for children is regulated in the Child Protection Law and the Juvenile Criminal Justice System Law. The adverse effects of the formal criminal justice process are also discussed, including trauma, stigma, and exclusion from school. Diversion programs are an important alternative to protect children from the negative consequences of the formal criminal justice process.

Smart Policing in Overcoming Sexting Emergency Among Adolescents

This research is motivated by the rampant cases of sexting among teenagers having a lot of negative impact on the victims. So protection and law enforcement are needed with the smart policing approach because sexting is a crime that utilizes technology. This study aims to determine legal protection for victims of sexting and law enforcement against sexting perpetrators through smart policing among adolescents. The type of research that the authors use is normative juridical. There are two forms of legal protection for victims of sexting among adolescents using Smart Policing, namely preventive and repressive legal protection. Preventive legal protection with Smart Policing, by providing information and appeals through social media owned by the Police. Meanwhile, repressive legal protection applies E-Policing, namely E-Dumas and online complaint websites. Law enforcement against sexting is talking about the sanctions contained in laws and regulations, namely the ITE Law and the Pornography Law. Apart from that it also pays attention to the provisions related to age, sanctions, and juvenile justice process limits, if the perpetrator of sexting is a child.
 Keywords: smart policing, sexting, adolescents

Diversi Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak

Introduction: Children in conflict with the law in the juvenile criminal justice system, the form of settlement is with a restorative justice approach through diversion which is an initial step in the settlement process before proceeding to the next legal process.
 Purposes of the Research: This study aims to analyze and examine the implementation of diversion in handling children in conflict with the law.
 Methods of the Research: The type of research used in this research is empirical. Sources of data include primary data and secondary data. Data collection techniques through interviews and literature study and data analysis using qualitative analysis.
 Results of the Research: The results showed that the implementation of diversion in handling criminal acts committed by children was in accordance with what was mandated by the Juvenile Criminal Justice System Act at the stages of investigation, prosecution and trial. If the settlement of a criminal case committed by a child through diversion is successful in peace between the parties, the report will be revoked because there has been a mutual agreement in the peace made. The settlement process with this diversion did not all run smoothly and succeeded in reaching a peace agreement between the parties. If the diversion process does not result in an amicable agreement or the diversion agreement is not implemented, then the juvenile criminal justice process will proceed to the Court. In the settlement of criminal cases committed by children, there are still obstacles faced by law enforcement officers and litigants and there are still factors that hinder the implementation of diversion.

A Qualitative Case Study on the Experiences of Juvenile Offenders in the Juvenile Justice Processing

A Qualitative Case Study on the Experiences of Juvenile Offenders in the Juvenile Justice Processing

Socialization of Legal Protection of Children Against the Law

Protection of children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and trial to juvenile correctional institutions has not been able to provide protection that can provide a sense of justice for children and even children's rights are often neglected. So far, children are often positioned as objects and tend to harm children. In child cases, sometimes children are perpetrators, victims and witnesses, so they need serious protection and handling to anticipate this so that it does not have a wider impact and harm children, such as in the cases of Mario Dandi and Agnes. The handling of child cases must be carried out by officials who really understand children's problems. In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Protection of children in conflict with the law is progressing with a paradigm shift in handling cases of children in conflict with the law, the process of resolving child cases can not only be resolved through the judicial process but can also be resolved outside the judicial process through diversion with a restorative justice approach involving all both the perpetrators, victims and witnesses with other related parties to sit together to find solutions for resolving child cases in the best interest of the child.

Diversi Terhadap Tindak Pidana Penghinaan Yang Dilakukan Oleh Anak

Humiliation is a crime that needs attention. Moreover, the impact of today's technology makes crimes easily known to the wider community. Hate speech is one of the most common crimes we encounter on the internet and some are committed by children. RJ as a 16-year-old child who is suspected of having insulted the President of the Republic of Indonesia, who must go through the juvenile justice process conducted by investigators and public prosecutors. The criminal act of insult is regulated in article 310 of the Criminal Code and for the criminal act of insult committed through social media is regulated in article 27 paragraph 3 of Law Number 11 of 2008 concerning Information and Electronic Transactions. Children in conflict with the law are protected in Law Number 23 of 2002 concerning Child Protection. In the judicial process, all law enforcement officials must pay attention to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System as a basis. RJ, as a child in conflict with the law, insulted the President of the Republic of Indonesia by uploading hate speech on his Instagram account. He has gone through a judicial process in accordance with the provisions of Law Number 11 of 2012, where diversion is the method taken to resolve the case, but a diversion agreement was reached. without presenting the victim as a requirement in carrying out diversion as determined according to article 9 paragraph 2 of Law Number 11 of 2012.

Perlindungan Hukum Terhadap Anak Yang Terlibat Kejahatan Terorisme

Introduction: Laws and regulations regarding terrorism, in practice there are still those who commit criminal acts of terrorism in Indonesia by attacking vital objects and public facilities.Purposes of the Research: The research aims to examine and discuss the forms of legal protection given to children who are involved in terrorism crimes and to examine and explain the mechanism of legal protection for children who are involved in terrorism crimes. Methods of the Research: The research method used is normative juridical with descriptive analytical research type, the technique of collecting legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. The technique of analyzing legal materials is obtained from a qualitative classification.Results of the Research: The results of this study indicate that the legal protection given to children involved in terrorism crimes includes guaranteeing and protecting children's rights, such as the right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. And the Juvenile Criminal Justice System sees that the handling of children involved in terrorism crimes can be carried out with mechanisms such as an approach that purely prioritizes child welfare and an approach to legal intervention. The specificity of the juvenile justice process with the concept of restorative justice.

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.

The Impact of Criminal Policy on Juvenile Justice

The present article discusses the impact of criminal policy on juvenile justice. The current state of repressive and liberal criminal policy and its consequences in Georgia in 2004-2021 are analyzed. Explains what repressive and liberal criminal policy means and what positive and negative impact criminal policy can have on juvenile justice. The years 2004-2021 are conventionally divided into two parts: ● 2004-2012 – When a repressive criminal policy was announced in the country, which in itself fully reflected on juvenile justice; ● 2012-2021 – When, in conflict with the law, the policy of liberal criminal justice towards juveniles was unequivocally and clearly pursued. The article discusses the Juvenile Justice Code as one of the most prominent legislative acts of liberal politics. Also, the legislation of different countries (both Continental European Law and Anglo-American Law Countries) is presented and analyzed for the purposes of this article. The article also discusses the ruling of a number of European courts. Finally, the positive and negative consequences of pursuing a repressive / liberal criminal policy on juvenile justice are analyzed, and recommendations and remarks are issued, which will make the juvenile justice process more complete.

PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEJAHATAN

The focus of this research is to understand how the form of legal protection provided by the state to children who commit crimes. The type of research used is library research. Based on the results of the study, it is known that the form of protection for children who commit crimes is given at every stage of the juvenile criminal justice process. Starting from the arrest stage, detention stage, investigation stage, prosecution, and trial stage, as well as during the coaching period. Another form of protection is efforts to settle criminal cases outside the trial, namely children's cases are always pursued through diversion and this is required to be done at every stage of the juvenile criminal justice process. The purpose of providing legal protection to child offenders is also the implementation of respect for the perpetrators' human rights so that they are not psychologically disturbed, have legal certainty, and to avoid arbitrary and unfair treatment.
 

Exploring race, family, and community variation in juvenile institutionalization through the perspective of symbolic threat

ABSTRACT Prior research has established that family status, race, and community characteristics have a significant impact independently on the various stages of the juvenile justice process, particularly as it relates to ‘back-end’ decisions within the juvenile court. Despite this large body of the literature on ‘back-end’ decision-making in juvenile justice, limited research focuses on the impact of family function and structure through the lens of symbolic threat. Thus, the present study explores the effect of race, family status, and community characteristics – on juvenile institutionalization versus community placement outcomes. The results of the present study provided some support for symbolic threat; implications for theory, practice, and policy are discussed based on the outcomes of the study.

Penyelesaian Perkara Tindak Pidana Penganiayaan Dengan Pelaku Anak Menurut Undang-Undang Nomor 11 Tahun 2012

Introductioan: Cases of criminal abuse with child offenders, the form of settlement is a restorative justice approach through diversion, which is an initial step in the settlement process before proceeding to the next legal process.Purposes of the Research: This study aims to analyze and discuss the form of settlement of cases of criminal abuse with child offenders according to Law Number 11 of 2012.Methods of the Research: The type of research used in this research is Normative Juridical. Approach the problem using a statutory approach (statute approach), conceptual approach (conceptual approach) and a case approach (Case approach). Sources of legal materials include primary legal materials and secondary legal materials. The technique of collecting legal materials through documentation studies and analysis of legal materials uses qualitative analysis.Results of the Research: The research results show In if the settlement of a criminal case of persecution through diversion is successful in peace between the parties, the report will be withdrawn because there has been a mutual agreement in the settlement that has been carried out. Not all of these settlement processes with diversion can run smoothly and have succeeded in reaching a peace agreement between the parties. If in the event that the diversion process does not result in a peace agreement or the diversion agreement is not implemented, the juvenile criminal justice process will proceed to the Court and the settlement of cases of criminal abuse with child perpetrators is in accordance with Law No. 11 of 2012. However, in the settlement of cases of criminal abuse with child offenders there are still obstacles faced by law enforcement officials and the parties in litigation.

What Predicts the Use of Blended Sentences Among Eligible Juveniles? A State-Wide Examination

In response to critiques of traditional juvenile justice processing and waiver to adult court, several states have adopted blended sentencing. These sentences fall in between these two approaches as they offer the benefits of the more rehabilitative-oriented juvenile system, with the option to deploy more punitive adult criminal sanctions. While previous research has indicated violent offenders were more likely to receive a blended sentence, it has not distinguished between those who were eligible for a blended sentence but did not receive this sanction. The current study seeks to address this gap and examine legal and extralegal predictors of receiving a blended sentence among those eligible. The analyses indicated that while those adjudicated for homicide and aggravated robbery were most likely to be given a blended sentence, other predictors such as prior probation failure and previous violence toward the family were associated with a decreased likelihood of receiving this sentence.

Assessing Variations in Juvenile Court Processing in Urban Versus Rural Courts: Revisiting “Justice by Geography”

Drawing on Feld’s (1991) “justice by geography” thesis, we examined whether juvenile court outcomes and case-level influences on those outcomes varied across urban and rural courts. Using a sample of 60,068 juvenile referrals across 66 counties in one state, we estimated direct effects of urbanism on detention, petition, adjudication, and judicial placement, as well as cross-level interactions between urbanism and several case-level factors for each outcome. We found limited support for the hypotheses. First, findings indicated that odds of detention were significantly greater in more urban courts, but indicated no differences in other outcomes. Second, findings also indicated greater extralegal differences (race, sex, and age) in more urban courts—contrary to hypotheses. Taken together, findings highlight the localized yet complex nature of juvenile justice processing and emphasize the need for additional multilevel research assessing the role of other contextual factors as potential sources of variation across macrosocial units.

The Diversion in Law Enforcement of Criminal Action of Children in the Judicial System of Children

Handling of crimes committed by children is carried out through the juvenile criminal justice system, as regulated in Act No. 11 of 2012. In Act No. 11 of 2012, the settlement of criminal cases of children is carried out by means of a diversion mechanism. This study aims to determine and examine diversion in law enforcement of child criminal acts in the juvenile criminal justice system. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The result of this research is that diversion is a persuasive action or an approach that aims to invite people to obey and enforce the law while still considering the sense of justice as a top priority in addition to providing opportunities for perpetrators to improve themselves. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime.

INTERROGATION OF CHILDREN UNDER MALAYSIAN LAWS: A CALL FOR LEGAL REFORM

Interrogation is considered one of the critical stages of the juvenile justice process. This process allows the police to question and examine child suspects for the purpose of obtaining information, statement, and evidence for an alleged crime under which they are investigated. While this process undeniably an important aspect of the criminal process, it may turn out to be a stressful and frightening process for children, who are known for their unique incapacities and susceptibility. This paper aims to examine current Malaysian laws and practice on the interrogation of children. It will critically analyze relevant provisions of law as well as existing legal principles on this particular matter. It will also attempt to examine the adequacy of current Malaysian laws in safeguarding the rights and interests of children during the grueling and coerced interrogation process by the police. This article concludes with the recommendation for the reform of current Malaysian laws and practice on the interrogation of children.