印度尼西亚少年刑事司法制度中分流与恢复性司法的实施

Q3 Social Sciences
Wikan Sinatrio Aji
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引用次数: 12

摘要

儿童是必须保护的国家的年轻一代继承人。在某些情况下,孩子们可能会做一些恶作剧,这些恶作剧属于违法行为,被称为违反法律的孩子。儿童违法与成人刑事犯罪的处理方式不同。目前,关于儿童刑事司法制度的2012年第11号法律(SPPA)在处理儿童与法律的冲突方面寻求转移和恢复性司法。从这项研究的结果得出的结论是,政策制定转移的概念和恢复性司法依据tonLaw 11号2012的刑事司法系统(SPPA)及其实现规则已经制定有关政策转移的概念和恢复性司法的目的提交行为犯罪不再是儿童面临的司法程序,但通过一个可选择的解决方案,即完成恢复它的原初状态(恢复性司法)在制定政策的过程中仍存在一些不足。虽然在实施转移和恢复性司法在解决与法律冲突的儿童问题上,帕蒂地方法院已经通过实施执法转移和恢复性司法寻求了反映恢复性司法方法的补救办法,但在解决与法律冲突的儿童问题上,仍然存在许多障碍。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System in Indonesia
Children are a younger generation successor to the nation that must be protected. In some cases children can do a mischief that fall into the categories of offenses and called as children in conflict with the law. Children in conflict with the law is different in terms of handling the criminal offenses committed by adults. Currently with  Law Number 11 of 2012 on the Criminal Justice System of Children (SPPA) which has sought diversion and restorative justice in terms of handling child conflict with the law. From the results of this study concluded that the policy formulation the concept of diversion and restorative justice pursuant tonLaw Number 11 of 2012 on the Criminal Justice System of Children (SPPA) and its implementation rules have been set regarding policy concept of diversion and restorative justice with the aim that children who commit acts the criminal is no longer confronted in the judicial process but through an alternative solution,namely the completion of which is the restoration to its original state (restorative justice) will but of formulating the policy is still not perfect because it found some weakness. While in the implementation of diversion and restorative justice in the the settlement of children in conflict with the law in Pati District Court already sought remedies which reflect restorative justice approach by implementing law enforcement diversion and restorative justice but there are still many obstacles occurred in the settlement of children in conflict with the law in  Pati District Court.
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来源期刊
CiteScore
2.10
自引率
0.00%
发文量
13
审稿时长
20 weeks
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