📅 27 April 2023

PERAN PEMBIMBING KEMASYARAKATAN DALAM PEMBERIAN REKOMENDASI TERHADAP HAKIM DALAM MEMBERIKAN PUTUSAN PEMIDANAAN BAGI ANAK BERHADAPAN DENGAN HUKUM (Studi Kasus di Balai Pemasyarakatan Kelas II Klaten)

Dinamika Hukum
Universitas Slamet Riyadi

📄 Abstract

The purpose of this study is to examine and analyze the role of community supervisors inproviding recommendations to judges in providing sentencing decisions for children facingthe law. Reviewing and analyzing the obstacles experienced by the role of communityguidance in providing recommendations to judges in providing criminal verdicts for childrenfacing the law. The community research report is also used as one of the judges' considerationsin deciding child cases in conflict with the law, as stated in Article 60 Paragraph (3) of LawNumber 11 of 2012 concerning the Juvenile Criminal Justice System. If the obligation is notcarried out by the judge, then there are juridical implications in the form of a null and voidjudgment.The method of approach in writing is sociological juridical. The specifics of this studyused descriptive analytics. The data source uses primary data and skunder data. Data collectiontechniques use interview studies and documentation. To analyze the data, researchers usequalitative descriptive analysis methods.The role of community guidance in providing recommendations to judges in providingcriminal decisions for children facing the law is to carry out mentoring, guidance, supervision,and Community Research on children facing the law. Assistance at each level of examinationis carried out during the implementation of diversion and the execution of courtdeterminations/decisions. The Correctional Center also carries out the duties and functions ofCommunity Research. In the process of diversion, the recommendations of the CommunityResearch report are used as a consideration for whether the child of the perpetrator of the crimewill be detained in a state detention center in a special block for children or handed over toother institutions to attend education, coaching and work training or returned to his parents.The obstacles experienced by community supervisors in providing recommendations to judgesin providing sentencing decisions for children facing the law are distinguished by external andinternal obstacles. External obstacles include children who commit criminal acts often do nothave a clear identity, do not meet with parents / guardians of the child and there is no activerole both on the part of the perpetrator and the victim when interviewing is carried out makeit difficult for community supervisors to obtain information related to the background of thechild and criminal acts. Furthermore, internal obstacles include not being balanced by theavailability of costs from the allocation of costs from DIPA, not balanced with the availabilityof transportation facilities, the lack of availability of computers so that the preparation ofdocuments for the benefit of Community Research. In this case, the role of the government isneeded to help provide the facilities and infrastructure needed by the Correctional Center,which has been felt to be minimal.Keywords: Children Face the Law, Community Guides.

â„šī¸ Informasi Publikasi

Tanggal Publikasi
27 April 2023
Volume / Nomor / Tahun
Volume 14, Nomor 1, Tahun 2023

📝 HOW TO CITE

RISNA BUDI ARTA, "PERAN PEMBIMBING KEMASYARAKATAN DALAM PEMBERIAN REKOMENDASI TERHADAP HAKIM DALAM MEMBERIKAN PUTUSAN PEMIDANAAN BAGI ANAK BERHADAPAN DENGAN HUKUM (Studi Kasus di Balai Pemasyarakatan Kelas II Klaten)," Dinamika Hukum, vol. 14, no. 1, Apr. 2023.

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