Settlement Of Criminal Cases Research Articles

Settlement of Criminal Cases of Children as Perpetrators of Sexual Harassment Based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System

Nowadays, crimes involving children are very common. One of them is sexual abuse by children. The purpose of this study is to find out (1) the settlement of criminal cases of children as perpetrators of sexual harassment based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA); and (2) criminal sanctions for children who commit sexual abuse in accordance with the concept of the SPPA Law. The research method used is a type of normative legal research. The results of the study show (1) that the settlement of criminal cases of children as perpetrators of sexual abuse based on the SPPA Law can be carried out in 2 (two) ways, namely through litigation or trial and also through diversion or mediation, which are useful for providing opportunities for a child to improve himself. ; and (2) criminal sanctions for children who commit sexual abuse in accordance with the concept of the SPPA Law can be in the form of imprisonment and can also be action sanctions. The reason is, in the event that a child commits a criminal act of obscenity, diversion cannot be sought if the criminal penalty is more than 7 years. Nevertheless, the judge in deciding the case of criminal sanctions against the crime of sexual abuse by children must still pay attention to the mental state and rights of the child, namely by providing sanctions in the form of actions as regulated in Article 82 paragraph (1) of the SPPA Law.able to be applied properly and appropriately by students and parties involved in it.

PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN PERKARA TINDAK PIDANA PENIPUAN DAN PENGGELAPAN DI POLRESTABES MEDAN (The Implementation of Restorative Justice in The Settlement of Criminal Crimes of Fraud and Embezzlement at the Polrestabes Medan)

In the implementation of restorative justice or settlement of cases outside the court, there are no longer any minor criminal cases, but also include cases such as humiliation, persecution, fraud and embezzlement, negligence resulting in injuries, unpleasant acts, even theft, and gambling. The ultimate goal of this restorative concept hopes to reduce the number of prisoners in prison; removing stigma or labels and returning criminals to normal human beings; criminals can realize their mistakes, so they do not repeat their actions and reduce the workload of the police, prosecutors, detention centers, courts, and correctional institutions; saving state finances does not cause resentment because the perpetrator has been forgiven by the victim, the victim quickly gets compensation; empowering the community in overcoming crime, and reintegrating criminals into society. The problems, namely: settlement through restorative justice eliminates criminal acts, or not. This research is normative legal research. The results showed that: Settlement of criminal cases of fraud and embezzlement through restorative justice does not eliminate criminal acts. It is recommended that the criminal policy for settlement of cases should be changed not to retaliate but to restore the losses incurred for the parties in litigation.

Restorative Justice Policy as Criminal Settlement in The Law of Information and Electronic Transaction (ITE)

Restorative justice in conflict resolution is an effort to resolve between criminals and victims of crime in criminal cases directly. More specifically, restorative justice seeks a way out by considering the good for all parties, be it for the perpetrator, the victim, or the victim's family. This article defines the basic concept of applying the Restorative Justice Policy as the settlement of criminal cases in the Electronic Information and Transaction Law. This article is a qualitative research using a conceptual normative approach. Data were collected through literature study, then analyzed using a data reduction process, data presentation and conclusion drawing. The application of Restorative Justice as a settlement of criminal cases as regulated in the legislation concerning Electronic Information and Transactions (UU ITE) is deemed appropriate considering that in the settlement of criminal cases, investigators must have the principle of prioritizing restorative justice in case settlement, and criminal law is the last resort that can be used. carried out as an effort to enforce the law (ultimum remidium), as stated in the Circular Letter Number: SE/2/11/2021 and the Chief of Police's Telegram Letter No. ST/339/II/RES.1.1.1./2021. With the process of returning to its original state (peace between the two parties), then criminal cases can be resolved and there is no need to continue the process in the judicial process.

Completion of The Criminal Case outside Court by the Prosecutor's Office in realizing The Goal of Law Enforcement

One of the state apparatuses that are given the task and authority to carry out law enforcement is the Prosecutor. In carrying out its duties and functions, the prosecutor is organized in an Institution called the Prosecutor's Office of the Republic of Indonesia or can be called the Prosecutor's Office. The main task of the Prosecutor's Office carried out by the Prosecutor is to prosecute criminal cases. In carrying out the task of prosecution, the Prosecutor is authorized to determine whether or not a case can be brought to court and what article will becharged. The authority of the Prosecutor in resolving criminal cases outside the court that makes the author more tendentious to conduct research. The problem with this research is 1). Bhow are the obstacles to solving criminal cases outside the court by the Prosecutor's Office? 2). Is the settlement of cases outside the Court conducted by the Prosecutor's Office in accordance with the values of justice? By using the type of normative juridical research it is known that: The Authority of the Prosecutor in the settlement of criminal cases outside the Court can realize the goal of law enforcement, namely justice, legal certainty and usefulness for the community. The settlement of criminal cases outside the court can also realize the ideals of a fast, simple and cheap judiciary and optimize the participation of the community in law enforcement.

Legal Certainty in Settlement of Criminal Cases through Restorative Justice

This article tries to examine the core of the problem, on how legal certainty is implemented in criminal case settlement through the principle of restorative justice. This research is doctrinal legal research that uses a legal approach in addition to a conceptual approach. Meanwhile, the analysis is carried out through qualitative analysis and grammatical interpretation, as well as systematic interpretation. The systematic interpretation is carried out by interpreting laws and regulations as part of the overall system of laws and regulations by connecting them with other laws logically and systematically. This article ends with a suggestion that there is a need for uniformity in regulations regarding the settlement of criminal cases through restorative justice so that it can provide legal certainty to victims and also perpetrators of criminal acts whose cases are resolved through restorative justice.

THE ROLE OF FORENSIC MEDICINE IN THE CRIMINAL EVIDENCE PROCESS

Forensic Medicine has a very important role in disclosing a crime that has occurred, especially for cases that are difficult to solve or require special techniques to disclose. Its also very helpful for law enforcement officers to reveal a criminal act that occurs from the level of investigation to the stage of court against cases related to the human body or soul so as to make light of a criminal act that occurred. In cases related to injuries, health and life of a person caused by a crime, the doctor can explain as an expert witness in the settlement of criminal cases. In this study using a normative juridical method. The results obtained stated that the role of forensics in the examination of the judicial process was intended to determine the presence or absence of persecution, to determine whether or not there was a crime or a violation of decency, to determine the age of a person, to determine the certainty of a baby who died in the womb of a mother and examination at the scene. Cases are usually requested by the authorities, in the event that someone is found dead.

Nilai Insaniyah Mediasi Penal

The settlement of criminal cases with peace called penal mediation is the settlement of cases outside the judicial process. Eleventh United Nation Congress on Crime Prevention and Criminal Justice in Bangkok 18-25 April 2005 in Resolution No. A/conf.2033/18 acknowledges that penal mediation is a reference for resolving all criminal cases, without being able to impose imprisonment, but it is necessary to pay attention to the rights of victims and perpetrators, to realize restorative justice. This study will discuss the regulation of penal mediation as an alternative to criminal case settlement in Positive law, as well as the human values contained in Decision No.19/Pid.Sus/2019PN.Sim. and Decision No.1/Pid.C/2021/PN.Rgt. This research is a descriptive research with a juridical-normative approach. The results of this study indicate that penal mediation arrangements can be found in Indonesian positive law, but these regulations are under the law. The human value of the judge's decision is reflected when the victim and perpetrator have a balanced position, there is no win-win position, and the disturbed balance of society can be restored as before.

DEATH CRIME AGAINST SEXUAL VIOLENCE (RAPE OF 12 STUDENTS IN BANDUNG) IN A RESTORATIVE JUSTICE PERSPECTIVE

Herry (Santriwati Rape Case in Bandung) is suspected of having violated a criminal offense Article 81 paragraph (1), paragraph (3) in conjunction with Article 76.D of the Republic of Indonesia Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in conjunction with Article 65 paragraph (1) of the Criminal Code. The settlement of criminal cases can still be carried out amicably or based on restorative justice based on the following provisions:Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (“Agency 15/2020”). Regulation of the Head of the National Police of the Republic of Indonesia Number 6 of 2019 concerning Criminal Investigation (“Perkapolri 6/2019”).Circular Letter of the Head of the State Police of the Republic of Indonesia Number SE/8/VII/2018 Year 2018 concerning the Application of Restorative Justice (Restorative Justice) in the Settlement of Criminal Cases (“SE Kapolri 8/2018”).

The Concept and Model of Restorative Justice Integration in the Crime of Defamation

The concept of Restorative Justice in the Indonesian criminal justice system is an interesting study and analysis, because so far various writings have only seen settlements through Restorative Justice as the settlement of cases outside the judiciary. This study uses a normative method with an approach to legislation and concepts as well as the use of the main legal sources from the results of the dissertation study. The results of the study indicate that regulatory aspects of criminal case settlement in Indonesia have existed through sectoral regulations of the police and prosecutors. There have been many implementations of the settlement of criminal cases through Restorative Justice, especially regarding the crime of defamation as a crime complaint. The settlement of crimes of defamation through Restorative Justice has provided protection for victims. The concept of protecting victims of defamation crimes is the legal interest of the victim, forgiveness, harmonization of the relationship between the victim and his/her treatment and family as well as the restoration of the victim's social environment. The integration model for the settlement of the crime of defamation is carried out through a peace agreement between the victim and the perpetrator which is followed up through the termination of the investigation or prosecution of the case. In court, the settlement through Restorative Justice is used as the basis for judge's consideration in mitigating sentences in the form of probation. Internal supervision through the leadership of law enforcement agencies and external supervision through pretrial is a means of controlling the integration of Restorative Justice in the Indonesian criminal justice system. Keywords: Restorative Justice, Crime of Defamation, The Indonesian Criminal Justice System. DOI: 10.7176/JLPG/116-02 Publication date: December 31 st 2021

Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

Fulfilment of Formal Education for Children with Criminal Sentences: Analysis of Law Number 11 of 2012 concerning the Juvenile Justice System

Crimes committed by children are currently experiencing a very significant increase. In Indonesia, the settlement of criminal cases against children is included in vulnerable children who need more attention in fulfilling their rights. However, there are still many violations of children's rights during their status as perpetrators of crimes and afterwards. This study aims to analyze the fulfilment of the formal education of criminal children by Law Number 11 of 2012 concerning the Juvenile Justice System. This study uses a qualitative approach with a literature study. The results of the study explain that Indonesia as a country that has ratified the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 dated August 25, 1990, has further integrated children's rights into national law, namely into Law Number 23 of 2002 concerning Child Protection. Protection of children was created as an effort to educate and build quality and affluent children in education. These forms of protection include providing comfort, security, health, and adequate education. The existence of The Child Special Guidance Institute plays a vital role in fulfilling the educational needs of formal and non-formal children.

The Role of Legal Advisors in Criminal Case Settlement Process

Since enactment of Law No. 8 of 1981, LN. No. 76 of 1981, namely regarding Criminal Procedure Code which came into force on December 31, 1981, provisions contained in HIR (Het Herzine Inlandsch Reglement) Staatsblad 1941 44 and all its implementing regulations are no longer valid. The values of Pancasila and 1945 Constitution which are noble and uphold existence of human rights also recognize position and role of defenders which are implemented or further embodied in Criminal Procedure Code, namely Law No. 8 The position and role of defender are closely related to rights of suspect or defendant because defender or legal advisor is present in process of settling criminal cases precisely to assist and defend rights of suspect or defendant as regulated in Criminal Procedure Code (KUHAP) A suspect who is suspected of committing a criminal act is not necessarily a guilty person, nor is a defendant charged with a criminal act not necessarily guilty because in our legal state recognizes principle of the presumption of innocence, so suspect or defendant must be considered innocent. guilty before there is a judge's decision that already has permanent legal force. The presence of a defender in settlement of a criminal case in addition to accompanying a suspect or defendant and defending him is also due to moral and juridical responsibility as one part of law enforcement officers who work together same as other law enforcers trying to find material truth. In this criminal justice process, provisions of Article 54 of Criminal Procedure Code emphasize rights of suspect be accompanied by defense or legal counsel at every level of examination, in other words, that suspect or defendant has right to have contact with defender from time of preliminary examination until time of preliminary examination. examination in court.

RESTORATIVE JUSTICE IN RESOLVING EMBEDDING AT CIREBON CITY POLRES

The settlement of the crime of embezzlement by using restorative justice provides the best solution in resolving private crime cases between people (natuurlijkepersonen) or legal entities (recht personen). The implementation of restorative justice in the settlement of criminal acts of embezzlement at the Cirebon City Police has been carried out, but there are obstacles. The research uses an empirical juridical approach, by means of field research, namely examining legal regulations which are then linked to data and behavior that lives in the midst of society in the form of primary data. Research shows that restorative justice is the process of resolving criminal cases by involving victims of crime, criminals and representatives in society to be able to meet together to find common ground that will benefit both parties. The concept of applying restorative justice in cases of criminal acts of embezzlement is better than the criminal system and the conventional judicial process which takes a long time and costs a lot from both the victim and the government itself in terms of facilitating the examination process, up to the execution process of the embezzlement case. alone. Restorative justice is a fast, simple and low-cost means of settlement which allows it to be used in the settlement of criminal cases of embezzlement as an offense with a private dimension between the victim and the perpetrator of the crime. The obstacle is that people don't know much about restorative justice, especially the model so that many people don't want to be solved with restorative justice. The application of restorative justice should be applied to every criminal case if the perpetrator and the victim want it, not just a case of embezzlement.

Telaah Yuridis terhadap Pengaturan Restorative Justice di Kepolisian

Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach

Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.

JALUR KHUSUS (PLEA BARGAINING) DALAM HUKUM ACARA PIDANA

Apart from analyzing, this research aims to know whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality Principle. Moreover, the research aimed to analyze how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law in future. The used research method is normative legal research that focuses on exploring whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality. The second focus is to explore how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law for the future. This research uses the approach of legislation (Statute Approach), primarily Law No. 8 of 1981 on the Criminal Procedure code, along with all its implementing regulations and other relevant legislation, conceptual approach (Conceptual Approach), especially about the special pathways (Plea Bargaining), and comparative approach (Comparative Approach) specifically the arrangement of plea bargaining in other countries such as the United States, Canada, United Kingdom, France, Georgia, Poland and Italy. The research results, namely the Jalur Khusus (Plea Bargaining) concept in settlement of criminal cases, are not appropriate or contrary to the Legality Principle. The reason is the system of proof, and formal truth will be hindered. According to an article in 3 KUHAP, it is already explicitly mentioned that the judiciary is carried out in the way stipulated in the law a quo. The legal arrangement of the concept of "Jalur Khusus" in the Criminal Procedural Law for the future in accordance with the context of the criminal justice system in Indonesia. Also, following the Principle of simple justice quickly and lightly costs are clarifying the negotiating parties in a special line, things negotiated in a special line, adding regulation of stages in a special path, criminal acts that can use special channels, and the form of agreement and binding power in jalur khusus.

Effectiveness Of Law Enforcement Implementation In Case Of Middle Assistance Oriented On Restorative Justice

The purpose of this study was to determine the implementation of a restorative justice system in cases of mild persecution in the community which has not been effective at this time. The method used in this approach is sociological juridical. Restorative justice is an alternative settlement of criminal cases which in the criminal justice procedure mechanism focuses on punishment which is converted into a dialogue and mediation process that involves the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly create an agreement on the settlement of a criminal case that is fair and balanced for both the victim and the perpetrator by prioritizing restoration to its original state and restoring the pattern of good relations in society Case LP/B/06/II/2018/Central Java/Res. Pbg/Sec. fret, The victim was subjected to physical violence by the suspect. Based on the report, the Mrebet Police Chief processed and completed the investigation file. The police chief through his authority directs to the victim that the case can be resolved by restorative justice. Even though he had refused, the victim finally agreed to make peace with the suspect. This also happened in the Grobogan area, where Ulil as the persecutor and Surip who was the persecuted party were facilitated by the police to make peace through restorative justice. However, not all of the community, especially victims of mild persecution, are willing to carry out legal settlements in restorative justice, where Ulil as the persecutor and Surip who is the persecuted party are facilitated by the police to make peace through restorative justice. However, not all of the community, especially victims of mild persecution, are willing to carry out legal settlements in restorative justice.

Restorative Justice as an Alternative for The Settlement of Corruption Crimes That Adverse State Finances in The Perspective of The Purpose of Conviction

This research was motivated by the rampant corruption crimes committed by state officials. The problem is that the restoration of the state’s financial losses due to the corruption crimes with the current system has not met a profitable solution. This research was doctrinal with a normative legal research method, which was a legal research method based on the statutory and conceptual approaches using analytical descriptive analysis. Settlement of corruption crimes concerning state financial losses is currently carried out through a criminal justice system that priorities a retributive justice approach so that it does not achieve the objective of punishment of un optimal returns to state financial losses. Therefore, a new settlement concept is needed. The concept of restorative justice focuses more on the settlement of criminal cases by emphasizing restoration to its original state, not retaliation. Restorative justice also fulfills the value of justice and legal benefits in order to meet the value of legal certainty. In the future, it is necessary to formulate specific regulations regarding the concept of restorative justice in resolving corruption crimes concerning losses on state finances.

PROTECTION OF WITNESS JUSTICE COLLABORATORS IN CRIMINAL ACTIONS

Article 1 point 27 of the Criminal Procedure Code explains that witness testimony is one of the means of evidence in a criminal case in the form of testimony from a witness regarding a criminal event that he heard himself, he saw for himself and himself by mentioning the reasons and his knowledge. Based on this, proving is a way of proving before the court. Thus, proving is evidence. Evidence is the most important piece of evidence in the examination of criminal cases. almost all evidence of criminal cases is always based on the examination of witnesses. Information is the first evidence that is mentioned in the Criminal Procedure Code (KUHAP), in general, there is no case that escapes the evidence of witness evidence. Almost all case evidence always relies on witness examination, at least in addition to evidence with other evidence, evidence is always required with witness evidence. Basically all activities in the legal process for the settlement of criminal cases, from the investigation until the final decision is pronounced before the trial by the panel of judges, are activities related to evidence or activities to prove. Although the law of proving criminal cases focuses on the process of proving activities in court, the process of proving already exists and begins at the time of the investigation. Even at the time of the investigation, an initial work in carrying out the criminal case process by the state.

Legal Protection For Victims Of Abuse Personal Data In Illegal Fintech (Online Loans) According To Law No. 19 Of 2016 About Information And Transactions

This study aims to determine the forms of legal protection and settlement of criminal cases of misuse of personal data carried out by financial technology based loan services or fintech Peer to Peer Lending. This study uses normative juridical research methods using a library research approach. Sources of data obtained from literature and legislation in force. The statutory approach to Law Number 19 of 2016 concerning Information and Electronic Transactions, and Regulation of the Financial Services Authority Number 77 / POJK.01 / 2016 Regarding Information Technology Based Lending and Borrowing Services. The results of this study reveal that many people are victims of misuse of personal data when lending funds using illegal fintech services or do not have permission. This form of legal protection is provided for victims of misuse of personal data in the form of preventive legal protection and repressive legal protection based on the ITE Law and POJK to provide criminal sanctions against illegal fintech services if committing an act of criminal misuse of personal data.