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All Journal Journal Evidence Of Law Jurnal Mengkaji Indonesia Indonesian Journal of Multidisciplinary Sciences
Hermi Asmawati
Balai Pemasyarakatan Kelas 1 Palembang
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PERAN BALAI PEMASYARAKATAN DALAM MENJALANKAN FUNGSI PEMBIMBINGAN TERHADAP KLIEN PEMASYARAKATAN (Studi Pada Balai Pemasyarakatan Kelas 1 Palembang) Hermi Asmawati
Journal Evidence Of Law Vol. 1 No. 1 (2022): Journal Evidence Of Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v1i1.200

Abstract

Balai Pemasyarakatan is one part of the correctional system that focuses on the concept of mentoring clients which aims to return convicts who become inmates as good and responsible citizens so that later they can be accepted back into society. This study aims to see how the role of Balai Pemasyarakatan Kelas 1 Palembang in carrying out the guidance function for Correctional Clients. The research method used is normative legal research with a statutory regulation approach. The research results show that Correctional Centers have 4 main functions, namely social research, assistance, guidance, and client supervision both inside and outside the criminal justice process in the framework of social reintegration. However, there are several obstacles that result in supervision by Community Advisors on clients not running optimally, including a large background gap between social counselors and clients, the father's work area is very broad, the dual role of community counselors, limitations of science and technology from clients, negative habits of clients , as well as minimal synergy between law enforcers.
Analisis Penguatan Sistem Pemasyarakatan Melalui Konsep Reintegrasi Sosial Hermi Asmawati
Jurnal Mengkaji Indonesia Vol. 1 No. 2 (2022): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (175.653 KB)

Abstract

Abstract: Law Number 12 of 1995 concerning Corrections was originally implemented as an instrument to complement the correctional system. However, even though the spirit of the law aims to replace the prison system that has lasted for a long time, over time the law has begun to experience deficiencies and weaknesses. Law Number 12 of 1995 has raised many pros and cons regarding its implementation, thus making the government try to make changes on the basis of the premise that this law can no longer adapt to the times and is difficult to answer problems in the field of penitentiary which are increasingly complex in the contemporary era. Purpose: Analyze the concept of social reintegration between the old and new Correctional Law. Design/Methodology/Approach: This research uses normative legal methods and literature study methods. The approach used is the approach of statutory regulations (statute approcah). Findings: Law Number 22 of 2022 concerning Corrections perfects the previous Corrections Law. Law Number 22 of 2022 further strengthens the shift in the concept of treatment of prisoners to focus more on the concept of social reintegration today which focuses on creating justice, balance, restoration of relations, legal protection, and guarantees for the human rights of prisoners, children, convicts, foster children, victims, and society. The new Correctional Law seeks to restore the dignity of convicts and child prisoners in society and to be accepted by society and victims. Originality/Value: No one has yet discussed Law Number 22 of 2022
ANALISIS FAKTOR-FAKTOR YANG MEMPENGARUHI TERJADINYA KEJAHATAN SEKSUAL OLEH PELAKU ANAK Hermi Asmawati
Journal Evidence Of Law Vol. 1 No. 3 (2022): Journal Evidence Of Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v1i3.226

Abstract

The purpose of this research is to analyze what factors can influence the occurrence of sexual crimes against children. This study uses a qualitative research method with a phenomenological descriptive approach, namely understanding a phenomenon related to the factors that influence the occurrence of sexual violence in adolescents. In this study, an analysis was carried out regarding the phenomenon using concepts and theories based on references that were relevant to the research theme, namely related to sexual crimes committed by children. The results of the study concluded that there were two factors that could influence the occurrence of sexual crimes by children as perpetrators, namely the group of intrinsic motivation factors including intelligence factors, age factors, gender factors, and factors of the child's position in the family and groups of intrinsic motivation factors including family factors and educational factors.
THE FUNCTION OF CHILDREN SOCIAL RESEARCH AS A RECOMMENDATION TO JUDGES IN DECIDING JUNEVILE CRIMINAL JUSTICE CASES Hermi Asmawati
Indonesian Journal of Multidisciplinary Sciences Vol. 1 No. 2 (2022): Indonesian Journal of Multidisciplinary Sciences
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.907 KB) | DOI: 10.59066/ijoms.v1i2.222

Abstract

Children who commit crimes need to get special treatment that is different from the process of adults. This is because the situations and conditions in the legal process make children who are dealing with the law take up a lot of their time to interact normally with other people, so that it will have an impact on their psychological disorders. Bapas plays an important role in accompanying Children in Conflict with the Law through Social Advisor who carry out Social Research, guidance, supervision, and assistance to Children inside and outside the criminal justice process. This study aims to analyze one of these functions, namely Social Research as one of the Judge's recommendations in deciding juvenile justice cases. The results of the study conclude that the Social Research Report is of great benefit to judges in making a decision on a case appropriately and fairly. Even if the judge's decision does not take into account the judge's decision, it can be stated that the decision is null and void.
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