THE APPLICATION OF RESTORATIVE JUSTICE SYSTEM THROUGH THE DIVERSION OF CHILDREN IN CONFLICT WITH LAWS IN CENTRAL JAVA POLDA (REGIONAL POLICE OF THE REPUBLIC OF INDONESIA)

The birth of Law Number 11 of 2012 concerning Juvenile Justice System provides A new hope in the protection of children, namely the existence of strict arrangements regarding Restorative Justice and Diversion to avoid and keep children away from a judicial process. Restorative Justice through the Diversion process, seeks to place all parties involved in a particular criminal act together to overcome the problem and create an obligation to make things better by involving victims, children and the community in finding solutions to improve, reconcile and reassure a heart not basing on retaliation and returns the child back to the family environment properly. The main purpose of Diversion is to free children from the trauma of judiciary but still found obstacles in the implementation, either regulatory, institutional and infrastructure. The results of the research on the application of diversion at the police level still experienced many failures thus children end up having to deal with the Criminal Justice System and become prisoners that can damage the future of children

Contempt of Court in the Perspective of Criminal Law Enforcement

The latest Draft Criminal Code (RKUHP) dated August 28, 2019 sets out the Contempt of Court in Article 281, that any individual who does not abide by court order or judicial decree issued for the purpose of judicial process, behaves disrespectfully towards judge or the court or attacks judge’s integrity or impartiality in court hearing, or unlawfully records, directly publicizes, or allows publication of anything which may affect judge’s impartiality in court hearing is subject to criminal imprisonment for maximum 1 year or criminal fine for maximum Rp10,000,000.- Based on the mandate of Act Number 5 of 2004 on the Amendment to Supreme Court Act Number 14 of 1985 on the Supreme Court, Contempt of Court should be set forth in independent Law and Regulation so as not to cause turmoil in the community as the result of criminalization in criminal judicial process.Problems resulted from regulation of Contempt of Court on judicial process are deemed to restrict the rights of law enforcers such as advocates and other justice seekers. When a law enforcer is criticizing the course of a hearing process, it may be categorized into Contempt of Court pursuant to Article 281 RKUHP

THE MODEL OF LAW ENFORCEMENT FOR JUVENILE DELINQUENT IN THE PROCESS OF INVESTIGATION BASED ON LAW NUMBER 11 YEAR 2012 CONCERNING JUVENILE JUSTICE SYSTEM

ABSTRACTThis study analyses the application of law enforcement model on juvenille offender before the law. Especially, in investigations according to Act number 11, 2012 about Juvenille Penal Court system in Central Java. Since the act has been formally implemented, the penal court elements have been given two years time to prepare strategies in handling juvenille offender through Diversion with Restorative Justice approach. However, the implementation of Diversion needs several infrastructures such as Juvenille Investigators, Diversion Standard of Operation (SOP), and a proper place for investigating children and  mediation process, including children cells. This is an empirical study with primary and secondary sources, including analysis of Acts, literature review, and expert review. The data analysis will be done qualitatively.Keywords: Juvenille Offender, Restorative Justice, Law enforcemen

Responsibilities of Hospitals as Corporations for Doctor Malpractice

Hospitals have an important role in realizing the degree of public health. As a business entity in the health sector, there is a relationship between patients, doctors, and hospital managers. If malpractice occurs, the hospital must be held legally responsible.This study will examine theconcept of errors in criminal law, the relationship between hospitals, doctors, patients about hospital management, and the responsibility of the hospital as a corporation against doctor malpractice. The approach used in this research is normative, namelyexamining the responsibilities of the hospital-based on different legal perspectives. The data used is secondary data, and the data will be analyzed qualitatively. The results of this study indicate that errors include intentional and negligent. Ignorancecontains errors in outward actions that point to certain mental states, but on the other hand, is the mental state itself. Ignorance includes all meanings of error in a broad sense that is not intentional. The relationship between patient and doctor is part of the overall relationship between health care and society. The relationship between doctor and patient that results in consent because giving and receiving medical care is justified in society. There are several models of the relationship between doctors and hospitals. Doctors as employees, doctors as attending physicians (partners), and doctors as independent contractors. It is not easy to determine the type of negligence of health workers that is detrimental to a person and will be the responsibilityof the hospital. If malpractice occurs, clarification is made first, the hospital as the manager of public health services is legally responsible

Application of Ultimum Remedium Principles in Progressive Law Perspective

Ultimum remedium is one of the principles contained in Indonesian criminal law which says that criminal law should be made a final effort in the case of law enforcement. However, law enforcement through the criminal justice system is currently still dominated by the positivism mindset, a way of (criminal) law enforcement which is only based on laws and regulations. In many cases, Criminal Law is used as the only way of order. The purpose of this research is to describe the concept of Ultimum remedium in criminal law, criminal law enforcement practices in Indonesia, and criminal law enforcement concepts in the progressive law paradigm. This research used a philosophical approach discussing law enforcement idealism in the future. The data used were the qualitatively analyzed secondary data. The research results showed that the Ultimum remedium principle has not been completely implemented in law enforcement. Consequently, the burden for crime settlements got bigger and made the law enforcers busier. The Ultimum remedium principle is supported by various considering bases or grounds from the constitutional law aspect, political science, criminal law, and humanism consideration or human rights. Law enforcement in Indonesia was viewed as stagnant and discriminative law enforcement. It was illustrated as a spider web that can only trap the weak but will be easily torn by the rich and strong. Factors inhibiting law enforcement in Indonesia include weak political will and political action of the state leaders to make law as the commander. The regulations and laws reflect the political interests of authorities more than those of the society. Thus, criminal law enforcement is greatly necessary for the progressive law paradigm. Progressivity is greatly required in law enforcement. Progressive law departs from the humanistic perspective. Thinking progressively means having the courage to get out from the law absolutism thinking mainstream and positioning law in the relative position located in the entire humanistic problems