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Criminal Conviction of Social Workers in the Criminal Justice System 刑事司法制度下社会工作者的刑事定罪

LEGAL BRIEF Pub Date : 2023-02-28 DOI: 10.35335/legal.v11i6.723

Christin Novianty Panjaitan, Afriyanti Debora Tambunan, Richard Wilson Antonius, Lutfiadi Lutfiadi

{"title":"Criminal Conviction of Social Workers in the Criminal Justice System","authors":"Christin Novianty Panjaitan, Afriyanti Debora Tambunan, Richard Wilson Antonius, Lutfiadi Lutfiadi","doi":"10.35335/legal.v11i6.723","DOIUrl":"https://doi.org/10.35335/legal.v11i6.723","url":null,"abstract":"This study aims to analyze the concept of social worker sentencing policy, and to know the criminal law of social work as a solution to reduce overcapacity in Indonesian Correctional Institutions. This study uses a normative juridical method with analytical descriptive specifications. The findings showed that the current policy of imposing criminal sanctions is felt to be ineffective because every criminal who is proven and has the power of law to carry out legal proceedings in prison is still not appropriate if the weight of the crime is a minor offenses. As a solution, the imposition of criminal sanctions on social workers has been determined to be appropriate. It is necessary to have a criminal law policy so that what becomes a legal issue can be resolved effectively, likewise with the effectiveness of the provision of prison sentences, which are no longer in accordance with prison conditions, leading to an increase of 500 to 900 percent, which eliminates the duties and functions of Correctional Institutions as a coaching and protection institution for convicts. In conclusion, the policy of imposing criminal penalties on social workers is appropriate in order to reduce over capacity.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127885061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Indonesia's Criminal Law Policy in Tackling Cyberbullying with a Restorative Justice Approach 以恢复性司法方法处理网络欺凌的印度尼西亚刑法政策

LEGAL BRIEF Pub Date : 2023-02-28 DOI: 10.35335/legal.v11i6.733

Muh. Takdir, S. Fitriasih

{"title":"Indonesia's Criminal Law Policy in Tackling Cyberbullying with a Restorative Justice Approach","authors":"Muh. Takdir, S. Fitriasih","doi":"10.35335/legal.v11i6.733","DOIUrl":"https://doi.org/10.35335/legal.v11i6.733","url":null,"abstract":"The increasing number of complaints from victims of cyberbullying crimes from year to year certainly requires a criminal law policy, both through penal and non-penal efforts, which are not only repressive but also preventive. The Restorative Justice (RJ) approach is one of the possible mechanisms that can be offered in order to combat this type of crime. This study aims to explain how Indonesian criminal law regulates cyberbullying and how Restorative Justice (RJ) approach concept addresses cyberbullying. This research is normative juridical research. The legal materials used were primary legal materials taken from regulations and secondary legal materials refer to relevant writings, books or research. The data is analyzed qualitatively and the writing was organized systematically and descriptively. The results revealed that the regulation on the settlement of cyberbullying includes Article 310 paragraphs (1) and (2) of the Criminal Code, Article 311 of the Criminal Code, Article 315 of the Criminal Code, Article 27 paragraphs (3) and (4) in conjunction with Article 45 paragraph (3) and (4) Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Article 29 in conjunction with Article 45B of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), in this article cannot be applied if the action is only in the form of a threat. Even so, the concept of restorative justice is regulated in law enforcement agencies as the implementation rules have not accommodated several types of cyberbullying crimes.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116718386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

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