{"title":"处理涉及儿童表演者的毒品犯罪违法行为的恢复性司法","authors":"Mugia Yarry Juanda, Zulkarnein Koto, Marsudin Nainggolan","doi":"10.33603/hermeneutika.v6i2.7459","DOIUrl":null,"url":null,"abstract":"Narcotics crimes are not only committed by adults but also children. For cases of criminal acts committed by children, the restorative justice system at least aims to repair/recover criminal acts committed by children with actions that are beneficial to children. This research is included in normative juridical research. The data used is secondary data. Meanwhile, the collection of legal materials is carried out by reviewing and collecting library materials and the analysis method is carried out using a qualitative descriptive method. From the results of the study, it can be concluded that based on the three decisions that the researchers reviewed, namely Decision Number 28/Pid.Sus-Anak/2020/PN Mre with the Defendant Andesta Bin Rusimin, Decision No.02/Pid.Sus-Anak/2015/PN- SAB with the Defendant Fajri Bin Nurdin and Decision Number 06/Pid.Sus.anak/2017/PN-Bir with the Defendant Child, it can be seen that the concept of restorative justice in handling cases of children as perpetrators of narcotics crimes by the panel of judges was not implemented. This can be seen in his injunction; the Panel of Judges actually sentenced the Defendant to years in prison. Whereas the concept adopted by restorative justice is a concept that prioritizes recovery, not retaliation. The ideal concept of restorative justice in handling cases of children as perpetrators of narcotics crimes is a concept that provides a value of justice for both perpetrators and victims, for this reason it is necessary to reform Law Number 35 of 2009 regarding sanctions for child perpetrators of narcotics crimes by eliminating criminal sanctions. imprisonment is half of the adult sentence. It is necessary to build rehabilitation places that specifically deal with children who are perpetrators of narcotics crimes.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"210 S657","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"RESTORATIVE JUSTICE IN HANDLING CRIMINAL ACTS OF NARCOTICS WITH CHILD PERFORMERS IN CONFLICT WITH THE LAW\",\"authors\":\"Mugia Yarry Juanda, Zulkarnein Koto, Marsudin Nainggolan\",\"doi\":\"10.33603/hermeneutika.v6i2.7459\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Narcotics crimes are not only committed by adults but also children. For cases of criminal acts committed by children, the restorative justice system at least aims to repair/recover criminal acts committed by children with actions that are beneficial to children. This research is included in normative juridical research. The data used is secondary data. Meanwhile, the collection of legal materials is carried out by reviewing and collecting library materials and the analysis method is carried out using a qualitative descriptive method. From the results of the study, it can be concluded that based on the three decisions that the researchers reviewed, namely Decision Number 28/Pid.Sus-Anak/2020/PN Mre with the Defendant Andesta Bin Rusimin, Decision No.02/Pid.Sus-Anak/2015/PN- SAB with the Defendant Fajri Bin Nurdin and Decision Number 06/Pid.Sus.anak/2017/PN-Bir with the Defendant Child, it can be seen that the concept of restorative justice in handling cases of children as perpetrators of narcotics crimes by the panel of judges was not implemented. This can be seen in his injunction; the Panel of Judges actually sentenced the Defendant to years in prison. Whereas the concept adopted by restorative justice is a concept that prioritizes recovery, not retaliation. The ideal concept of restorative justice in handling cases of children as perpetrators of narcotics crimes is a concept that provides a value of justice for both perpetrators and victims, for this reason it is necessary to reform Law Number 35 of 2009 regarding sanctions for child perpetrators of narcotics crimes by eliminating criminal sanctions. imprisonment is half of the adult sentence. It is necessary to build rehabilitation places that specifically deal with children who are perpetrators of narcotics crimes.\",\"PeriodicalId\":206203,\"journal\":{\"name\":\"HERMENEUTIKA : Jurnal Ilmu Hukum\",\"volume\":\"210 S657\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-08-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"HERMENEUTIKA : Jurnal Ilmu Hukum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33603/hermeneutika.v6i2.7459\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"HERMENEUTIKA : Jurnal Ilmu Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33603/hermeneutika.v6i2.7459","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
毒品犯罪不仅是成年人犯的,儿童也会犯。对于儿童犯下的犯罪行为案件,恢复性司法制度至少旨在以有利于儿童的行动修复/恢复儿童犯下的犯罪行为。本研究被纳入规范法学研究。使用的数据为辅助数据。同时,法律资料的收集是通过查阅和收集图书馆资料进行的,分析方法是采用定性描述的方法进行的。从研究结果可以得出结论,基于研究人员回顾的三个决策,即28号决策/Pid。su - anak /2020/PN Mre与被告Andesta Bin Rusimin,第02/Pid号决定。su - anak /2015/PN- SAB与被告Fajri Bin Nurdin和第06/Pid.Sus号决定。anak/2017/ np - bir以被告儿童为例,可以看出,审判团在处理儿童作为毒品犯罪加害人的案件中,恢复性司法的理念并未得到落实。这可以从他的命令中看出;法官小组实际上判处被告数年监禁。而恢复性司法采用的概念是优先考虑恢复,而不是报复。恢复性司法在处理毒品犯罪儿童犯罪者案件中的理想概念是为犯罪者和受害者提供正义价值的概念,因此有必要通过取消刑事制裁来改革2009年关于制裁毒品犯罪儿童犯罪者的第35号法律。监禁是成人刑期的一半。有必要建立专门处理毒品犯罪儿童的康复场所。
RESTORATIVE JUSTICE IN HANDLING CRIMINAL ACTS OF NARCOTICS WITH CHILD PERFORMERS IN CONFLICT WITH THE LAW
Narcotics crimes are not only committed by adults but also children. For cases of criminal acts committed by children, the restorative justice system at least aims to repair/recover criminal acts committed by children with actions that are beneficial to children. This research is included in normative juridical research. The data used is secondary data. Meanwhile, the collection of legal materials is carried out by reviewing and collecting library materials and the analysis method is carried out using a qualitative descriptive method. From the results of the study, it can be concluded that based on the three decisions that the researchers reviewed, namely Decision Number 28/Pid.Sus-Anak/2020/PN Mre with the Defendant Andesta Bin Rusimin, Decision No.02/Pid.Sus-Anak/2015/PN- SAB with the Defendant Fajri Bin Nurdin and Decision Number 06/Pid.Sus.anak/2017/PN-Bir with the Defendant Child, it can be seen that the concept of restorative justice in handling cases of children as perpetrators of narcotics crimes by the panel of judges was not implemented. This can be seen in his injunction; the Panel of Judges actually sentenced the Defendant to years in prison. Whereas the concept adopted by restorative justice is a concept that prioritizes recovery, not retaliation. The ideal concept of restorative justice in handling cases of children as perpetrators of narcotics crimes is a concept that provides a value of justice for both perpetrators and victims, for this reason it is necessary to reform Law Number 35 of 2009 regarding sanctions for child perpetrators of narcotics crimes by eliminating criminal sanctions. imprisonment is half of the adult sentence. It is necessary to build rehabilitation places that specifically deal with children who are perpetrators of narcotics crimes.