IMPLEMENTATION OF PROVISIONS ARTICLE 7 PARAGRAPH 2 OF LAW NUMBER 11 OF 2012 CONCERNING CHILDREN CRIMINAL JUSTICE

Jurnal Ilmiah Living Law

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Title IMPLEMENTATION OF PROVISIONS ARTICLE 7 PARAGRAPH 2 OF LAW NUMBER 11 OF 2012 CONCERNING CHILDREN CRIMINAL JUSTICE
 
Creator Eleanora, Fransiska Novita
Wahyuni, Sri
 
Description Children as successors to the ideals of the struggle of the nation must always be protected by the existence of their rights, including children who have legal obligations, meaning that the child if possible is not sentenced but is resolved by way of deliberation for consensus and a familial nature commonly referred to as diversion. . Settling this diversion so that children can be held responsible, remove the stamp or stigma attached to the child, and there is no sense of revenge between the perpetrator and the victim. But the obstacle in diversion is a crime committed by a child no more than 7 (seven) years and is not a repetition or recidivist, so the provisions of article 7 paragraph 2 are considered not to provide justice to children who have problems with the law, because the diversion must also ask the victim's agreement. , exceptions to the nature of minor criminal offenses, no victims, and losses suffered not exceeding the local minimum wage. The research method is normative juridical by reviewing literature and legislation relating to the problem under study, and the result is diversion prioritizing the best interests of children as perpetrators and victims in accordance with restorative justice and prioritizing children's rights to get justice in accordance with the protection of rights of childKeywords: children, law, criminal, justice
 
Publisher Magister Ilmu Hukum Sekolah Pascasarjana Unida
 
Contributor
 
Date 2020-01-31
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://ojs.unida.ac.id/livinglaw/article/view/2277
10.30997/jill.v12i1.2277
 
Source JURNAL ILMIAH LIVING LAW; Vol 12, No 1 (2020): Jurnal ilmiah Living Law; 18-25
2550-1208
2085-8078
10.30997/jill.v12i1
 
Language eng
 
Relation https://ojs.unida.ac.id/livinglaw/article/view/2277/1691
 
Rights Copyright (c) 2020 JURNAL ILMIAH LIVING LAW
https://creativecommons.org/licenses/by/4.0
 

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