scholarly journals APPLICATION OF DIVERSION AND RESTORATIVE JUSTICE OF THE CHILDREN CRIMINAL JUSTICE SYSTEM IN INDONESIA

2016 ◽  
Vol 4 (6) ◽  
pp. 153-165
Author(s):  
YohanisS. Bakti ◽  
◽  
Andi Sofyan ◽  
Slamet SampurnoS ◽  
Syamsuddin Muchtar ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM

2020 ◽  
Vol 5 (12) ◽  
pp. 134-145
Author(s):  
Eni E. Alobo ◽  
John Inaku
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Federal Government ◽  
Paradigm Shift ◽  
Justice System ◽  
Criminal Jurisprudence

This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

scholarly journals Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective

2018 ◽  
Vol 54 ◽  
pp. 07006
Author(s):  
Hervina Puspitosari ◽  
Bintara Sura Priambada
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Social Economic ◽  
Research Approach ◽  
Victim Impact Statement ◽  
Victims Of Crime ◽  
Sense Of Justice

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

scholarly journals Implementation of Transcendental-Based Juvenile Criminal Sanctions

2021 ◽  
Vol 3 (1) ◽  
pp. 50-62
Author(s):  
Agatha Jumiati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Crime ◽  
Criminal Sanctions ◽  
Legal Problems

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime 

scholarly journals Model Penegakan Hukum Anak yang Berhadapan dengan Hukum dalam Proses Penyidikan

2015 ◽  
Vol 10 (2) ◽  
pp. 167
Author(s):  
Hamidah Abdurrachman ◽  
Fajar Ari Sudewo ◽  
Dyah Irma Permanasari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Criminal Court ◽  
Central Java ◽  
The Law ◽  
Pass Through

Upaya memberikan perlindungan terhadap Anak yang berhadapan dengan hukum dalam Sistem Peradilan Pidana Anak menunjukkan perkembangan yang sangat berarti. Selama ini terhadap anak yang berkonflik dengan hukum, ditangani secara umum seperti orang dewasa. Anak-anak tersebut melewati proses hukum tanpa ada pendampingan bahkan segera dilakukan upaya paksa berupa penangkapan dan penahanan sehingga anak mengalami putus sekolah. Undang-Undang No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak meletakkan fondasi perlindungan anak dengan pendekatan Keadilan Restoratif yaitu dalam penyelesaian perkara melibatkan pelaku, korban, keluarga pelaku/korban dan pihak lain yang terkait untuk bersama-sama mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula dan bukan pembalasan. Keadilan restoratif ini diwujudkan melalui Diversi yaitu pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses ke luar pengadilan pidana. Hasil penelitian ini menunjukkan bahwa di Jawa Tengah kasus anak yang berkonflik dengan hukum secara umum diselesaikan melalui jalur diversi dan sebagian lainnya diproses menggunakan berdasarkan KUHAP atau jalur pidana. Hal lainnya meskipun sudah menerapkan jalur diversi terhadap anak yang berkonflik dengan hukum namun belum ada keseragaman atau kesamaan model diversi sebagaimana yang diamanatkan di dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak.<br /><br /><br /><em>Efforts to provide protection against Children in conflict with the law in the Criminal Justice System Child shows a very significant development. During against children in conflict with the law, generally handled as an adult. These children pass through the legal process without immediate assistance even forceful measures in the form of arrest and detention so that children have dropped out of school. Law No. 11 Year 2012 on the Criminal Justice System Child laid the foundation of child protection approach Restorative Justice that in settling disputes involving offenders, victims, family offender/victim and other relevant parties to work together to find a fair settlement with the emphasis on restoring back to its original state and not retaliation. Restorative justice is realized through the transfer of settling disputes Diversion namely children from the criminal justice process to a process outside the criminal court. The results of this research showed that in Central Java case of children in conflict with the law are generally resolved through the diversion and some processed using by the Criminal Code or the criminal path. Another thing despite applying diversion path towards children in conflict with the law but there is no uniformity or sameness models of diversion as mandated in Law No. 11 Year 2012 on Child Criminal Justice System</em><br /><br />

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