Implementation Of Laws On The Criminal Jurisdiction System Using A Restorative Justice Approach (A Case Study at ‘Aisyiyah Legal A id Institute, Central Java)

Zaenal Aripin(1*),

(1) UMS
(*) Corresponding Author
DOI: https://doi.org/10.23917/laj.v5i2.11267

Abstract

This article aims to determine the implementation of the juvenile criminal justice system law in upholding child criminal law in Surakarta, explain the process of assistance for victims and child offenders who are dealing with the law with a restorative justice approach in the form of diversion, and explain the obstacles found LBH (Legal Aid) 'Aisyiyah Central Java in law enforcement which acts as a child crime in Surakarta. This study uses an empirical approach. This research was conducted by examining primary data in the field, namely LBH Aisyiyah Central Java in the form of facts about the results of research directly at the research location and the results of interviews with members of advocacy organizations at LBH 'Aisyiyah, Central Java and in the Legal and Human Rights Council of' Aisyiyah Regional Leaders. Central Java and secondary data. The results showed that based on the results of the study in 10 criminal cases committed by children who were resolved by diversion in Surakarta, they had fulfilled and were in accordance with the Articles regulating diversion in the SPPA Law.  Whereas the concept of diversion has been running in Surakarta with many determinations of the results of a diversion agreement between the families of the victims and the families of the perpetrators and also LBH (Legal Aid) or related LSM (Non-Govermental Organization)  for crimes committed by minors. So that the application of the Law on Juvenile Criminal Justice System in law enforcement of child criminal acts has been running quite effectively.

 

Keywords: SPPA Law, diversion, restorative justice, Surakarta

Keywords

UU SPPA, diversi, restorative justice, Surakarta

Full Text:

PDF

References

Afif, A. 2015. Forgiveness, Reconciliation, and Restorative Justice. Yogyakarta: Pustaka Pelajar

Angger dan Fuady. 2015. Juvenile Criminal Justice System. Pustaka Yustisia: Jakarta

Astuti, L. “Legal protection for children in conflict with the law in traffic accidents.” Justitia Journal of Law, Faculty of Law, Muhammadiyah University of Surabaya. Vol. 1., No. 1. (April, 2017).

Budiyanti, E. (2019). Efforts to Overcome Illegal Online Loan Services. Brief Info, A Brief Study of Actual and Strategic Issues in the Field of Economics and Public Policy, XI(4), pg. 19–24

Hadisuprapto, P. Reintegrative Shame Giving as a Non-Penal Tool to Overcome Delinkuent Behavior of Children (Case studies in Semarang and Surakarta). Dissertation of the Doctor of Law, Diponegoro University. Semarang. 2003.

Ibrahim, J. 2006. Normative Law Theory and Research Methodology. Malang: Banyumedia Publishing.

Dimyati, K. dan Wardiono, K. 2015. Legal Research Methods (Lecture Handbook). Surakarta: Muhammadiyah University of Surakarta.

Sambas, N. 2010. Reform of the Child Criminal System in Indonesia, Yogyakarta: Graha Ilmu Salim and Erlies. 2013. Application of Legal Theory in Thesis and Dissertation Research. Jakarta: PT RajaGrafindo Persada.

Chandra, S. “The Political Law of Adopting Restorative Justice in Criminal Law Reform, ” Fiat Justisia Journal of Legal Studies, Volume 8, No. 2, (April-June, 2014)

Soekanto, S. 2005. Introduction to Legal Research. Jakarta: Publisher, University of Indonesia (UI-Press)

Soekanto, S. and Mamuji, S. 2010. Normative Legal Research A Brief Overview. Jakarta: Raja Grafindo Persada

Soetodjo, W. 2010. Child Criminal Law. Bandung: Refika Aditama

Wahyudi, S. “Upholding Juvenile Criminal Court with a Progressive Legal Approach in the Framework of Child Protection.” Journal of Legal Dynamics. Vol. 9., No.1. (January, 2009)

Wahyudi, S. 2011. Implementation of The Idea of Diversion in Reforming The Juvenile Criminal Justice System in Indonesia. Yogyakarta: Genta Publishing

Widodo, S. “Diversion as a Form of Protection of Children's Rights in Confrontation with the Law (Study at Purwokerto District Court).” Journal of Legal Cosmic. Volume 17, Nomor 1. (January, 2017)

Law Number 11 of 2012 concerning the Child Criminal Justice System

Article Metrics

Abstract view(s): 235 time(s)
PDF: 217 time(s)

Refbacks

  • There are currently no refbacks.