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Ansori Ansori
Pengadilan Tinggi Palu, Jl. Profesor Moh. Yamin No.1, Palu Sel., Kota Palu, Sulawesi Tengah 94111

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Law Enforcement Criminal Acts of Corruption in The Perspective of Human Rights Ansori Ansori
Rechtsidee Vol 2 No 2 (2015): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i2.83

Abstract

The overall impact of the acts of corruption according to criminology science, certainly can happen due to two things, namely the first due to the intent or in the science of law is referred to as the evil inner attitude (Mens Rea), and the second because of an opportunity to do evil deeds (Actus Reus). Actus Reus and Mens Rea are an essential element of a crime. The eradication of corruption and the efforts of promoting and fulfilling human rights are not simply left to the elite rulers, because frequently they are more corrupt and oppressive. Corruption eradication efforts can be maximized, while a simultaneous awareness of the Government and people of the importance of protecting, fulfill, maintain, and promote human rights, then it is not impossible that Indonesia becomes a prosperous country, given the authorized capital of development in this country has been in existence since ancient times which is a priceless grace of God Almighty. How To Cite: Ansori, A. (2015). Law Enforcement Criminal Acts of Corruption in The Perspective of Human Rights. Rechtsidee, 2(2), 79-108. doi:http://dx.doi.org/10.21070/jihr.v2i2.83
Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice) Ansori Ansori
Rechtsidee Vol 1 No 1 (2014): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i1.95

Abstract

The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children.