Jurnal Idea Hukum最新文献

{"title":"PELAKSANAAN DIVERSI DALAM PENYELESAIAN TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK SEBAGAI BENTUK PENDEKATAN RESTORATIVE JUSTICE (Studi di Wilayah Hukum Kepolisi an Resort Banjarnegara)","authors":"T. Purwanto","doi":"10.20884/1.jih.2018.4.2.101","DOIUrl":"https://doi.org/10.20884/1.jih.2018.4.2.101","url":null,"abstract":"This thesis is motivated by the problem of Children who are the assets of the nation, as part of the young generation of children plays a very strategic role as a successor of a nation. Therefore, the state must provide protection for children if the child becomes a criminal offender. One of the solutions that can be taken in handling the case of crime of theft committed by the Child is through Restorative Justice approach, which is implemented by diversion as regulated in Law Number 11 Year 2012 on Child Criminal Justice System. Banjarnegara Resort Police has implemented a version for handling of criminal cases of theft committed by the Child as an effort to settle the case. Based on this, the issue raised in this thesis is how the implementation of the diversion in the settlement of criminal acts of theft committed by the Children in the Legal District of Banjarnegara Police as a form of Restorative Justice approach and constraints in the implementation of such diversions. This thesis research method uses Juridical Sociological method which observes how the reaction and interaction that occurs when the norm system works in society. The data analysis used in this research is qualitative data analysis method, that is research which produce descriptive-analysis data. Based on the results of research and discussion that has been done by the author, it can be concluded that the Implementation of Diversity for Children who committed criminal acts in the district of Polres Banjarnegara conducted by Investigator Satreskrim Unit Women and Children Services Polres Banjarnegara already in accordance with the provisions of Article 7 paragraph (2 ) Law Number 11 Year 2012 on the Child Criminal Justice System. Implementation Diversi done with several stages of the preparation stage diversi, stage of deliberation and stage of diversion results. Obstacles in the implementation of diversified by the investigator Satreskrim Unit Women and Children Services Polres Banjarnegara because of the legal substance factor that is not yet the implementation of the Act No. 11 of 2012 on the Criminal Justice System of Children, especially about the diversion, the absence of SOP for the police about the diversion and factors of legal culture that is still lack of understanding about the importance of society Diversi and still there is suspicion of some residents to the implementation of diversity.","PeriodicalId":31701,"journal":{"name":"Jurnal Idea Hukum","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88385178","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}