Tinjauan Yuridis Penyelesaian Perkara Pidana Oleh Anak Sebagai Pelaku Di Luar Peradilan (Studi Komparasi Antara Indonesia Dengan Skotlandia)

Almuharrom, Fazar (2024) Tinjauan Yuridis Penyelesaian Perkara Pidana Oleh Anak Sebagai Pelaku Di Luar Peradilan (Studi Komparasi Antara Indonesia Dengan Skotlandia). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Settlement of criminal cases by children as perpetrators outside of justice in Indonesia is known as diversion, which emphasizes the concept of restorative justice by involving the perpetrator and victim, almost the same as that applied by the State of Scotland which has a system of resolving children's cases outside of justice which known as the Children's Hearing System, the only difference is that there is a preventive measure when solving children's problems and there is no imposition of criminal sanctions on children, but only action. This research aims to analyze the comparison of the resolution of criminal cases committed by children outside of justice between Indonesia and Scotland as well as analyze and formulate ideal legal policies in resolving criminal cases by children as perpetrators outside of justice in the legal system in Indonesia. The type of research used in this research is normative juridical, by researching and studying problems from the perspective of legal regulations, namely comparing the system of resolving criminal cases by children as perpetrators outside of justice between Indonesia and Scotland. The approaches used include statutory, conceptual and comparative approaches. The legal materials used in this writing use secondary, primary and tertiary legal materials. The procedure for collecting legal materials used in writing this research is collecting legal materials by means of literature study and using qualitative analysis methods. The results of the research show that there are similarities and differences regarding the resolution of criminal cases by children as perpetrators outside of justice between Indonesia and Scotland, where Indonesia and Scotland both have an effort to resolve children's cases outside of court by emphasizing the Restorative Justice approach and prioritizing rights. -Children's rights to their growth and development Keywords : Children Hearing System; Comparative Law

Item Type:

Thesis (Undergraduate)

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