248,518 research outputs found

    ANALISIS PERTIMBANGAN HUKUM HAKIM PADA PUTUSAN NOMOR 5/Pid.Sus-Anak/2022/PN Jkt.Pst DALAM MENJATUHKAN SANKSI PIDANA TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA KEKERASAN DITINJAU DARI ASAS KEADILAN RESTORATIF

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    In response to the needs of society and the government for laws that protect children, especially those in conflict with the law, Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System was born. The definition of a child based on article 3 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is "A child in conflict with the law, hereinafter referred to as a child, is a child who is 12 (twelve) years old, but not yet 18 (eighteen) years old, suspected of committing a criminal act." Implementation of the Diversion process in resolving children's cases and Restorative Justice methods that involve all stakeholders, especially the community, in assisting the recovery process from better conditions. The implementation of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System is expected to provide a fair legal basis for all parties, especially children in conflict with the law who, at their current stage of development, still need attention, affection and guidance from other people. -people around them to become individuals who are wise, independent, of noble character, responsible, and useful for the family, community, nation and state. In essence, children who are minors and then commit criminal acts have rights that are guaranteed and protected in the investigation process, investigation up to the criminal court stage for children who commit criminal acts. From several studies related to the implementation of juvenile criminal justice, the criminal court process for children has negative impacts on children. Diversion guarantees legal protection to children who are in conflict with the law in the Indonesian juvenile criminal justice system, by implementing diversion in every examination process. Based on Article 6 of Law Number 11 of 2012 concerning the Criminal Justice System, "The aim of diversion is to achieve peace between victims and children, resolve children's cases outside the judicial process, prevent children from being deprived of liberty, encourage the community to participate, instill a sense of responsibility. to the child." Implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System prioritizes the resolution of criminal acts committed by children by deliberation and consensus between the perpetrator, the perpetrator's family, the victim, and the victim's family

    Turning 18: What a Difference Application of Adult Criminal Law Makes

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    This paper contributes to the literature on specific deterrence by addressing the issue of selecting adolescents into adult and juvenile law systems. In Germany, different from the U.S. and most other countries, turning a critical cutoff age does not cause a sharp discontinuity from juvenile to adult penal law, but rather implies a shift to a discretionary system of both adult and juvenile law, dependent on the courts' impression of moral and mental personal development of the adolescent at the time of the act. The German legal system draws the line of adulthood at some fuzzy age interval between 18 and 21, which is well above the thresholds prevailing in the U.S. (16 to 18 years, state specific) and other countries such that the German evidence entails some external evidence to the previous literature mostly relying on U.S. data. Based on a unique inmate survey and two-equation models controlling for selectivity problems, results show that application of adult criminal law instead of juvenile penal law decreases expected recidivism of adolescents.survey data, selection, treatment effects, recidivism, crime

    Turning 18: What a Difference Application of Adult Criminal Law Makes

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    This paper contributes to the literature on specific deterrence by addressing the issue of selecting adolescents into adult and juvenile law systems. In Germany, different from the U.S. and most other countries, turning a critical cutoff age does not cause a sharp discontinuity from juvenile to adult penal law, but rather implies a shift to a discretionary system of both adult and juvenile law, dependent on the courts’ impression of moral and mental personal development of the adolescent at the time of the act. The German legal system draws the line of adulthood at some fuzzy age interval between 18 and 21, which is well above the thresholds prevailing in the U.S. (16 to 18 years, state specific) and other countries such that the German evidence entails some external evidence to the previous literature mostly relying on U.S. data. Based on a unique inmate survey and two-equation models controlling for selectivity problems, results show that application of adult criminal law instead of juvenile penal law decreases expected recidivism of adolescents.Specific deterrence, selectivity, inmate survey

    Decriminalizing Delinquency: The Effect of Raising the Age of Majority on Juvenile Recidivism

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    In the last decade, a number of states have expanded the jurisdiction of their juvenile courts by increasing the maximum age to 18. Proponents argue that these expansions reduce crime by increasing access to the beneficial features of the juvenile justice system. Critics counter that the expansions risk increasing crime by reducing deterrence. In 2010, Illinois raised the maximum age for juvenile court for offenders who commit a misdemeanor. By examining the effect of this law on juvenile offenders in Chicago, this paper provides the first empirical estimates of the consequences of recent legislative activity to raise the age of criminal majority. Applying a difference-in-differences design with multiple control groups, we find little evidence of an effect. Our results suggest that—contrary to the expectations of both advocates and opponents— increasing the maximum age for juvenile court does not affect juvenile recidivism

    PENALIZING MINORS WITHIN THE FRAMEWORK OF THE INTERNATIONAL HUMAN RIGHTS PROTECTION STANDARDS

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    In the legal system of the Republic of Serbia, the Act on Juvenile Criminal Offenders and Protection of Minors in Criminal Law366 (hereinafter: the Juvenile Offenders’ Act), fully regulates the criminal law status of juvenile delinquents. Thus, autonomous juvenile criminal law was established as an instrument for protecting the society from juvenile delinquency, but also as a set of rules on the criminal law protection of juveniles. Although the Juvenile Offenders’ Act envisages diversion measures, the judiciary’s reaction to juvenile delinquency most frequently entails educational measures, but there is also an exceptional possibility of punishing juvenile offenders. International law standards pertaining to the rights of children and minors mandate a restrictive approach to punishing juvenile offenders. Therefore, this paper will look at the conformity of the normative framework of juvenile prison in Serbian law with the guidelines provided in the international catalog of juvenile rights

    Conference Bibliography: Juvenile Justice 1999-2013

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    A selected bibliography was prepared in connection with the Juvenile Justice Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on April 12-13, 2013

    Juvenile Law

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    Juvenile Law

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    The growing frustration of Florid\u27a appellate courts with the seeming inability of the system to respond to the needs of dependent and delinquent children is evident from written opinions of the district courts of appeal and the Florida Supreme Court over the past year

    Juvenile Law

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    "We Want to Know What They Are Saying" -- A Multiagency Collaborative Effort to Address Parent Language Barriers and Disproportionate Minority Contact

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    Describes Vera's collaborative work to provide a multilingual information resource to help parents understand their role in the juvenile justice system. Outlines lessons learned on addressing language access issues for minorities in contact with the law
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