CD Tesis

Kebijakan Hukum Pidana Penyelesaian Perkara Tindak Pidana Melalui Upaya Diversi Bagi Pelaku Dewasa Dalam Mewujudkan Keadilan Restoratif

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This study aims to analyze the criminal law policy on the settlement of criminal cases through diversion efforts for adult offenders in realizing restorative justice. Theis study focuses on two main issues, there are : how the regulation of restorative justice in the criminal procedural law system in force in Indonesia and how is the ideal concept of applying diversion efforts to resolve criminal cases committed by adults based on the qualifications of the type of crime that can be attempted diversion. This research uses normative legal research method which the data collected will be analyze sentences in association with existing theory.
The result of this research indicate that the regulation of the principle of restorative justice in criminal law regulations in force in Indonesia is only regulated in the Law on the Criminal Justice System for Children, which is applied in the form of diversion, however the diversion is only intended for child offenders not for adult offenders. Criminal laws and regulations in force in Indonesia do not regulate the principle of restorative justice for adult offenders. In law enforcement practices the application of the principle of restorative justice for adult offenders has been partially carried out through discretion, but theoretically the discretion does not meet the three basic legal values, justice, legal certainty and legal benefit, and in practice law enforcement discretion is not implemented based on the provisions of the applicable laws and regulations, it is not carried out in a very necessary condition and not in the public interest, most of the discretion is carried out based on inner intentions and/or interests of law enforcement officials themselves.
To overcome these problems a criminal law policy is needed to make criminal law regulations to apply diversion for adult offenders in order to realize restorative justice, theoretically the implementation of diversion has fulfilled the three basic legal values, justice, legal certainty and legal benefit, and in practice diversion has also been succeeded in realizing the principle of restorative justice in law enforcement in Indonesia.
The mechanism of applying the principle of restorative justice through diversion efforts for child offenders, in general can also be applied for adult offenders, but there needs to be some changes and adjustments, among others regarding the purpose of diversion from the perspective of the offender, specifically for the purpose of avoiding stigmatization is not necessary, because for the offender adult diversion's purpose is to foster a sense of responsibility of the offender towards the victim and to foster awareness not to repeat the act. Regarding the qualifications of the types of criminal offenses committed by children in general can also be applied to adult offenders, except for qualifications of types of criminal acts with or without victims, for adult offenders the types of criminal acts that can be diversion must be for criminal acts that have victims, because the main purpose of diversion for adult offenders is to achieve
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peace between victims and offenders, while the main purpose of diversion for child offenders is to avoid stigmatization of children in conflict with the law.
Keywords : Criminal Law Policy, Children, Adults, Diversion, Restorative Justice.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 220 (0013)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2020

Deskripsi Fisik

ix, 119 hlm,; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 220 (0013)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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