PENERAPAN PRINSIP RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA LANJUT USIA DALAM KAITANNYA DENGAN PUTUSAN PENGADILAN NEGERI MUARA ENIM NOMOR : 372/PID.SUS/2014/PN.MRE

DESTAMI, RIAN and Petanasse, Syarifuddin and Nashriana, Nashriana (2017) PENERAPAN PRINSIP RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA LANJUT USIA DALAM KAITANNYA DENGAN PUTUSAN PENGADILAN NEGERI MUARA ENIM NOMOR : 372/PID.SUS/2014/PN.MRE. Master thesis, Sriwijaya University.

	Text RAMA_74101_020122501055.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (1MB) | Request a copy
Preview	Text RAMA_74101_020122501055_0014125402_0018096509_01_FRONT_REF.pdf - Accepted Version Available under License Creative Commons Public Domain Dedication. Download (1MB) | Preview
	Text RAMA_74101_020122501055_0014125402_0018096509_02.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (646kB) | Request a copy
	Text RAMA_74101_020122501055_0014125402_0018096509_03.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (434kB) | Request a copy
	Text RAMA_74101_020122501055_0014125402_0018096509_04.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (284kB) | Request a copy
	Text RAMA_74101_020122501055_0014125402_0018096509_05_REF.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (432kB) | Request a copy
	Text RAMA_74101_020122501055_0014125402_0018096509_06_LAMP.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (222kB) | Request a copy
	Text RAMA_74101_020122501055_TURNITIN.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (29MB) | Request a copy

Abstract

Indonesia is constitutionally a constitutional state which is responsible to the whole nation or its citizens and is no exception to the citizens of elderly. In the context of law enforcement, the process that must be undergone by every person suspected of committing a crime, then the concerned must be processed in a system known as the criminal justice system. The problem is why restorative justice is not used to be an aspect of justice before the law. Based on the above description, then the legal issues to be discussed in this thesis are as follows : 1) Is the principle of restorative justice on cases of perpetrators of elderly crimes applied in the Muara Enim District Court Number: 372 / Pid.Sus / 2014 / PN.Mre ?. 2) What factors become obstacles for the Judge in applying the principle of restorative justice to cases of perpetrators of elderly crimes in Muara Enim District Court Decision Number: 372 / Pid.Sus / 2014 / PN.Mre ?. The method used in this study is empirical research, research conducted by studying, reviewing, explaining and analyzing the process of legal work in Decision Judge Number: 372 / Pid.Sus / 2014 / PN.Mre. From the results of research conducted, then obtained the following conclusions : 1) The principle of restorative justice on cases of perpetrators of elderly crimes is applied in the District Court Decision of Muara Enim Number: 372 / Pid.Sus / 2014 / PN.Mre Who was examined and tried in the Muara Enim District Court, has not considered the principle of restorative justice in its legal considerations. This is because the principle of restorative juctice has not been made as a rule in the Police, Attorney and Courts Act as well as there is no regulation in the Criminal Procedure Law. 2) The inhibiting factors that researchers found associated with the use of restorative justice principles are based on juridical and non-juridical factors. Juridical factors come from Laws and Law Enforcement. Firstly, the legal factors associated with the restorative justice principle have not been regulated, so law enforcement officials have no other choice unless its designers remain on the existing or current regulation Secondly, law enforcement factors in relation to the principle of restorative justice at the level of investigation, prosecution and examination in the courts, never involved the perpetrators, victims and parties involved to sit together in settling legal proceedings which, while handled. Then the non juridical factor is concerned with the awareness of community law and psychological considerations.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Principles of restorative justice, Seniors (seniors), Criminal Justice System.
Subjects:	K Law > K Law (General) > K100-103 Legal education
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Users 5163 not found.
Date Deposited:	03 Feb 2020 07:10
Last Modified:	03 Feb 2020 07:10
URI:	http://repository.unsri.ac.id/id/eprint/26877

Actions (login required)

View Item