从调查层面看违法儿童分流的成功

SASI Pub Date : 2023-06-01 DOI:10.47268/sasi.v29i2.1584
Reimon Supusepa, M. G. Sopacua
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引用次数: 0

摘要

引言:《最高人民检察院法》是一项适用恢复性司法和分流的法规,旨在将案件从诉讼转向非诉讼。在解决刑事案件的过程中,儿童作为犯罪行为的实施者,必须在警察(调查)、检察官办公室和法院一级实现多样化。研究目的:本研究旨在寻找新的思路,探讨未成年犯侦查阶段分流的成功与否。研究方法:本研究为规范性研究,研究类型为描述性分析。本研究中使用的法律材料来源为主要法律材料和次要法律材料。本文中使用的法律材料的收集技术是通过图书馆对法律材料的研究来实现的,包括主要法律材料和次要法律材料,并且作者对所用法律材料的分析是描述性定性的,它确定了所用的主要和次要法律资料。将在分析问题的一系列处理阶段进行盘点、系统化,使分析这些问题更加容易。研究结果:基于所研究的问题,作者在调查层面上发现了一些关于转移注意力成功的新观点,这些观点受到几个因素的影响,包括1)受害者因素,即受害者愿意原谅施暴者的行为;2) 行为人的因素,即行为人愿意同意与受害者商定的赔偿;3) 调查因素,即积极主动的调查员作为调解人在寻求最大限度的转移注意力和为犯罪者和受害者之间的和平开辟空间方面的作用;4) 儿童社区指导资源了解他们作为转移注意力促进者的作用,他们最大限度地希望向儿童提供援助,努力在施暴者和受害者之间实现和平;5) 家庭因素,即受害者的家人希望和平,并影响受害者与犯罪者和解;6)社区因素,在这种情况下,社区的作用由社区领袖、传统领袖或宗教领袖代表,他们是解决犯罪者与受害者之间和平的促进者
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Success of Diversion For Children Who In Conflict With The Law On Investigation Level
Introduction: The SPPA Law is a regulation that applies restorative justice and diversion as an effort to divert cases from litigation to non-litigation. Children as perpetrators of criminal acts in the process of resolving criminal cases must be diversified at the police (investigation), prosecutor's office, and court levels.Purposes of the Research: The purpose of this research is to find new ideas and discuss the success of diversion at the investigation stage for juvenile offenders.Methods of the Research: This research is normative research, the type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials used in this writing was carried out by means of library research on legal materials, both primary legal materials, secondary legal materials, and analysis of legal materials used by the author is descriptive qualitative which identifies the primary and secondary legal materials used. will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematization, to make it easier to analyze these problems.Results of the Research: Based on the problems studied, the authors found several new ideas about the success of diversion at the level of investigation which were influenced by several factors including 1) the victim factor where the victim was willing to forgive the perpetrator's actions; 2) the actor's factor where the perpetrator is willing to agree to compensation that has been agreed upon with the victim; 3) the Investigative factor, namely the role of the pro-active investigator as a facilitator in seeking maximum diversion and opening a space for peace between the perpetrator and the victim; 4) the factor of freedom in which the Children's Community Guidance Resources who understand their role as diversion facilitators maximally want to provide assistance to children in an effort to make peace between perpetrators and victims; 5) the family factor, namely the victim's family who wants peace and influences the victim to make peace with the perpetrator and 6) the community factor where the role of the community in this case is represented by community leaders, traditional leaders, or religious leaders as facilitators in efforts to settle peace between the perpetrators and victims of crime
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