Implementasi Diversi Guna Mewujudkan Restorative Justice Dalam Sistem Peradilan Pidana Anak.

Witasari, Aryani; Arif, Muhammad Sholikul

doi:10.26532/jh.v35i2.11052

Cited by 3 publications

(3 citation statements)

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“…This is in line with what Stephan Golub stated, that a very important element in access to justice is that the existence of a formal legal institution must be a place that is most trusted by the public as an efficient, neutral and professional institution. According to Gollub, public satisfaction and trust in formal institutions is very important (Witasari & Arif, 2019). Thus the presence of the virtual court system as a new culture is part of the court's efforts to provide easy access to the public and justice seekers as well as efforts to make the courts more integrated, accountable, transparent, effective and efficient.…”

Section: Resultsmentioning

confidence: 99%

Virtual Criminal Court: A Paradigm Shift in Indonesian Criminal Procedure

Junaidi

2023

ARRUS J. Soc. Sci. Hum.

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The effects of the pandemic made digital technology into the courtroom. In connection with this research, the thing that wants to be studied is, firstly for the mechanism of applying event law to online trials in criminal cases in Indonesia, secondly how online trials accommodate the process of proof in criminal cases in Indonesia. The research method used in this research is to use a type of normative legal research, namely research that in its study refers to and bases on the norms and rules of law, applicable laws and regulations, legal theories and doctrines, jurisprudence, and other literature materials relevant to the research topic discussed. The result of this study is, the first mechanism for the application of event law in online trials in criminal cases as stipulated in Supreme Court Regulation No. 4 of 2020 on Administration and Criminal Trial in The Court Electronically provides 2 (two) alternatives to conduct trials in criminal cases, namely offline and online. This is not previously regulated in the Criminal Procedure Law (KUHAP) or other legal regulations. Second, with regard to the process of proving in criminal cases at online trials basically still follow the provisions in the criminal event law and have the same value or power of proof as trials conducted offline.

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Section: Resultsmentioning

confidence: 99%

Virtual Criminal Court: A Paradigm Shift in Indonesian Criminal Procedure

Junaidi

2023

ARRUS J. Soc. Sci. Hum.

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“…Meanwhile, according to Gollub, a satisfaction and public trust itself is an important element in the creation of justice and is very important for formal institutions. 22 . Therefore, the existence of this virtual trial shows a new culture in the judiciary as an ease in providing access to various parties, a form of public service and justice seekers, so as to make the courts more trustworthy, with integrity, accountable, transparent, effective and efficient.…”

Section: International Journal Of Social Science Research and Reviewmentioning

confidence: 99%

The Legality of Virtual Trials in the Indonesian Criminal Law System

Budiono

Utomo

2022

IJSSRR

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The existence of this pandemic certainly has an impact on several things, one of which is in the legal realm, namely trials that are conducted virtually or online. Therefore, in this paper, we will discuss the implementation of virtual trials in Indonesian criminal law with several problem formulations, namely how the mechanism is carried out in the application of virtual court law in overcoming all criminal problems that exist in Indonesia, then in this study will discuss about What legal basis underlies the implementation of this virtual trial in Indonesia when examined in the Indonesian criminal law system. This research uses a qualitative normative legal research type. Normative legal research is a legal research conducted in a way such as conducting research on library materials or secondary data. In this research, law is often conceptualized as something that is written in legislation or as a norm which is a benchmark for human activities that are considered appropriate. The results of this study are first, trial activities are also influenced by various problems due to the Covid-19 pandemic, namely in the criminal process on the grounds that the limited period of detention is the basis for the Supreme Court of the Republic of Indonesia to establish a virtual trial in accordance with the Regulation of the Supreme Court of the Republic of Indonesia Number 1 Year 2019 on trial procedures but not in criminal justice.

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“…23 of 2002 concerning child protection which states that children are a mandate as well as a gift from God Almighty, which we must always protect because they have inherent dignity, dignity and rights as human beings that must be upheld. 2 Indonesia currently faces cases of children reaching 33% 3 . Based on this, it requires the resolution of appropriate cases as regulated in the Law on the juvenile justice system which is contained in Act No.…”

Section: Introductionmentioning

confidence: 99%

The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System

Wahyudi¹,

Ma’ruf²,

Sugiharto³

2022

ldj

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One form of legal protection for children is to realize the fulfillment of the rights and obligations of the child itself. Especially for children in conflict with the law, their problem solving process requires special attention. This study aims to analyze the application of diversion in restorative justice for children who are in conflict with the law in the juvenile criminal justice system. The type of research conducted is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the criminal justice system. The results showed that the application of diversion in restorative justice in the system of applying diversion to children in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and the victim or his family, but a form of punishment for children in conflict with the law in an informal way. The recommendation in this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions at court trials should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community.

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Implementasi Diversi Guna Mewujudkan Restorative Justice Dalam Sistem Peradilan Pidana Anak.

Cited by 3 publications

References 0 publications

Virtual Criminal Court: A Paradigm Shift in Indonesian Criminal Procedure

Virtual Criminal Court: A Paradigm Shift in Indonesian Criminal Procedure

The Legality of Virtual Trials in the Indonesian Criminal Law System

The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System

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