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KEBIJAKAN FORMULASI TINDAK PIDANA OLEH ANAK YANG DAPAT DIUPAYAKAN DIVERSI BERDASARKAN ASPEK KEADILAN DAN TUJUAN PEMIDANAAN Diah Ratu Sari Harahap
Jurnal Ilmu dan Budaya Vol 41, No 67 (2020): Vol. 41, No 67 (2020)
Publisher : Universitas Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.912 KB) | DOI: 10.47313/jib.v41i67.810

Abstract

Children are our future generation therefore children should get attention starting from  family to the community. But in fact children are also against rules as criminals. Criminal justice systems can be implemented to prevent and solve what they have done. But the implementation of the criminal justice system for them give negative impact among others traumatic for children. To avoid this negative impact, law enforcement officials empowered not to take the way formal , by implementing  diversion. Diversion is regulated in Undang-undang Sistem Peradilan Pidana Anak. Diversion can be implemented to the criminal cases that the punishment is under seven years imprisonment. Whereas in academic script of penal code, it is regulated that crimes with four to seven years imprisonment are heavy crimes. There are two problems in this research: 1 .What is the reason and condition that diversion can be implemented ? 2. How should the criteria of implementing diversion for crimes doing by children related with aspect of justice and objectives of punishment? The type of this research is normative by using secondary data.
The Formulation Policy of the Murder with Mutilations Crime Diah Ratu Sari Harahap
SIASAT Vol. 7 No. 2 (2022): Siasat Journal, April
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/siasat.v7i2.120

Abstract

The type of murder committed by mutilation is a vicious crime. However, this type of crime has not been expressly regulated in the Criminal Code, so there are no guidelines for prosecutors in preparing charges against this type of crime. As a result, the decisions handed down by judges are also varied and sometimes do not fulfil a sense of justice. This study aims to reveal the regulation of murder with mutilation in Indonesian positive criminal law and to determine the future policy formulation regarding the crime of murder with mutilation. The research is normative by conducting a literature study. The data that has been obtained were analyzed qualitatively by describing. This research hopes that a particular article will be made in the Criminal Code regarding murder accompanied by mutilation.
PEMBANGUNAN BUDAYA ANTIKORUPSI KETERKAITANNYA DENGAN PENGATURAN HUKUM TENTANG PERAN SERTA MASYARAKAT DALAM PEMBERANTASAN KORUPSI DI INDONESIA Kumbul Kusdwidjanto Sudjadi; Diah Ratu Sari Harahap
Ensiklopedia of Journal Vol 5, No 1 (2022): Vol. 5 No. 1 Edisi 1 Oktober 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (120.489 KB) | DOI: 10.33559/eoj.v5i1.1278

Abstract

The crime of corruption an extraordinary crime, because the impact is extraordinary, so extraordinary efforts are needed to overcome it, one of which is the participation of the community. Community participation in eradicating corruption has basically been regulated in Article 41 paragraph (1) of Law Number 31 of 1999 concerning the eradication of criminal acts of corruption which states that the community can participate in assisting efforts to prevent and eradicate corruption. The research location is the Corruption Eradication Commission, with the legal research methodology used is normative-empirical. The conclusion of this study states that to make community participation effective, it is necessary to have a firm and binding rule as a legal umbrella for the community regarding what things can be played, awards received and of course also required sanctions for individuals who do not play a role. and, especially dare to report if in the surrounding environment there are allegations of corruption. The existence of these sanctions is expected to spur or force the public to be responsible and dare to fight corruption, because those who do not carry out will be subject to sanctions for them. This is done because the crime of corruption is an extraordinary crime, as is the case with narcotics crimes, in which there is also an element of coercion for the public to want to participate in the eradication of narcotics crimes. The development of an anti-corruption culture is very much needed in Indonesia, because the crime of corruption, which is considered an extraordinary crime in terminology, is already considered normal because it has become a habit or culture in society.Keywords: Anti-corruption, Program, Village, KPK.