PERLINDUNGAN HUKUM TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM

Maryan, Euvianry (2018) PERLINDUNGAN HUKUM TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM. Masters thesis, UNIVERSITAS 17 AGUSTUS 1945.

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Abstract

After the enactment of the Juvenile Justice Act, efforts to settle the crime of children outside the penal or non-penal path are the settlement of the diversions, by involving several parties, including the perpetrator, the victim, the family, the community, and others with restorative justice or restrictive justice. The essence of restroactive justice is seen from the core of the theory which explains and justifies the settlement of criminal cases by involving the victims and the public as the injured party. In the juvenile justice system this is manifested through diversion. Diversion is the transfer of settlement of child cases from criminal justice process to process outside of justice. The Diversity process is conducted through deliberations involving the child and parents / survivors, victims and / or parents / parents, social counselors and professional social workers based on the approach of restorative justice. that the purpose of diversion is to achieve peace between the victim and the Child, resolve the Child's case outside the judicial process, prevent the Child from deprivation of liberty, encourage the community to participate, instill a sense of responsibility of children. In handling cases of Children, Child Victims, and / or Witnesses, Social Advisors, Professional Social Workers and Social Welfare Workers, Investigators, Public Prosecutors, Judges and Advocates or other legal aid providers shall take into account the best interests of the Child and promote a family atmosphere looked after. The Undang-undang Sistem Peradilan Anak Act further upholds restorative justice, a concept of justice in which it contains a method of settling cases involving perpetrators, families, victims, and related parties whose orientation is to restore the situation as the highest goal of law. So the criminal effort becomes ultimum remidian. In order to realize legal protection by all parties concerned especially law enforcement officers, in order to really pay attention, respect and apply the rights of children in conflict with the law, which has been guaranteed by Undang-Undang Sistem Peradilan Anak Law that is Diversion without any discrimination.

Item Type: Thesis (Masters)
Uncontrolled Keywords: Legal Objectives, Legal Protection, Crime, Children, Diversity.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Magister Ilmu Hukum
Depositing User: Aprianto Doni Rahmat
Date Deposited: 30 Jan 2019 06:53
Last Modified: 30 Jan 2019 06:53
URI: http://repository.untag-sby.ac.id/id/eprint/1271

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