Muhibbur Rahman Al Anwari, . (2024) REFORMULASI PENGATURAN TERKAIT KEADILAN RESTORATIF DALAM PERKARA TINDAK PIDANA BULLYING TERHADAP ANAK DI TINGKAT PENYIDIKAN. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
![[img]](http://repository.upnvj.ac.id/style/images/fileicons/text.png) |
Text
ABSTRAK.pdf Download (13kB) |
|
Text
AWAL.pdf Download (641kB) |
|
Text
BAB 1.pdf Restricted to Repository UPNVJ Only Download (347kB) |
|
Text
BAB 2.pdf Restricted to Repository UPNVJ Only Download (310kB) |
|
Text
BAB 3.pdf Restricted to Repository UPNVJ Only Download (265kB) |
|
Text
BAB 4.pdf Restricted to Repository UPNVJ Only Download (656kB) |
|
Text
BAB 5.pdf Download (129kB) |
|
Text
DAFTAR PUSTAKA.pdf Download (241kB) |
|
Text
RIWAYAT HIDUP.pdf Restricted to Repository UPNVJ Only Download (484kB) |
|
Text
LAMPIRAN.pdf Restricted to Repository UPNVJ Only Download (1MB) |
|
Text
HASIL PLAGIARISME.pdf Restricted to Repository staff only Download (18MB) |
|
Text
ARTIKEL KI.pdf Restricted to Repository staff only Download (539kB) |
Abstract
Children, as the most vulnerable members of society, are often placed in precarious positions, deprived of the right to speak, and frequently subjected to violations of their rights. A significant issue is the limitation imposed on law enforcement regarding diversion obligations, which are restricted to criminal acts with a penalty of less than seven (7) years of imprisonment. This restriction contravenes the legislators' intent in establishing age limits for children and conflicts with the psychological nature of children. This research aims to examine the regulations pertaining to restorative justice in cases of bullying against children at the investigation level and to propose a reformulation of these regulations for future implementation. The research employs a normative juridical approach, seeking to understand and interpret legal norms and analyze their implications. The findings of this research indicate that restorative justice is frequently not applied to children who are victims of bullying at the investigation stage, resulting in these children having to endure subsequent stages of the justice process, including trials. Therefore, concrete measures are required from investigators of the Republic of Indonesia Police to ensure that restorative justice is consistently applied during the investigation of bullying cases involving children, thereby ensuring that child perpetrators receive legal protection based on the principle of protecting children's rights. The government, in collaboration with the Indonesian National Police and the legislative body, should reformulate the regulations concerning restorative justice in cases of bullying against children at the investigation level. This can be achieved by amending the material requirements outlined in Article 5 of the Republic of Indonesia State Police Regulation Number 8 of 2021 on the Handling of Criminal Offenses Based on Restorative Justice, specifically points (a) and (f), as well as the provisions regarding the requirements for implementing diversion in Article 7 of Law Number 11 of 2012 on the Juvenile Criminal Justice System, with a focus on prioritizing the best interests of the child.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No.Panggil : 2210622004] [Pembimbing : Supardi] [Penguji 1 : Handar Subhandi Bakhtiar] [Penguji 2 : Slamet Tri Wahyudi] |
| Uncontrolled Keywords: | Reformulation, Restorative Justice, Bullying, Investigation |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | MUHIBBUR RAHMAN AL ANWARI |
| Date Deposited: | 23 Aug 2024 03:28 |
| Last Modified: | 23 Aug 2024 03:28 |
| URI: | http://repository.upnvj.ac.id/id/eprint/30862 |
Actions (login required)
 |
View Item |