The Correctional Research of Correctional Center (Bapas)

in Juvenile Justice System

Marlina

and Mahmud

Depactement Criminal, Faculty of Law, Universitas Sumatera Utara, Jl. Universitas No. 4 Kampus USU, Medan,

Indonesia

Keywords: The Correctional research, Correctional Centre, Restorative Justice.

Abstract: The philosophy of juvenile justice that promotes the best interests of the child give concept of diversion with

a restorative justice approach. Diversion for children must be appropriate and correct in accordance with the

objectives and rules of the law. Correctional research is a component that plays a role in realizing restorative

justice. The problem is how Correctional Centerin juvenile justice system? Tthe obstacles to make

correctional research which the interest of the child. The The research method is normative legal research that

is supported by interviews with components of juvenile criminal justice system and correctional centers, and

qualitative analysis. The results of correctional researcht of correctional center important in the Juvenile

Justice Systemin Indonesia.All of the the componen juvenile justice system need the Correctional reseacht of

correctional Centreto decision diversion in Juvenile Justice SystemThe obstanlesCorrectional Centreis short

time, the breadth correctional center working area,the number of correctional center personnel is minimal,

lack op publik understanding of the importance of correctional reseacht, there are still law enforcement

officials in the Juvenile Justice System who are less in favor of childrent so corecctional reseacht are not

notice.

1 INTRODUCTION

Litmas (correctional research) is a social research

made by Correctional Center (Bapas). The statute will

describe the condition of children in conflict with the

law. When the child has been designated as a criminal

suspect, then at that stage the investigator will contact

the Correctional Center party to request the

correctional research be carried out. Since the request,

Correctional Center will conduct research on child-

related conditions. Correctional Center in conducting

research will ask children according to the research

components that already exist in the correctional

research form. Correctional Center sometimes

becomes the facilitator in the settlement process by

presenting the parties related to the restorative justice

process. The problem of this research was: how does

correctional research position in the Juvenile Justice

System and what are the obstacles of Correctional

Center to makes correctional research which

describes the best interest of the child.

2 RESEARCH METHODOLOGY

The Reaearch method is Normative legal research

with library study data collection that is supported by

field studies. Data sources consist of primary data,

secondary data and tertiary data. Interviews are

component of the juvenile justice system in this case

the police, prosecutors and judges and correctional

center.

3 RESULT AND DISCUSSION

3.1 Correctional Research in the

Juvenile Justice System

Correctional Center (BAPAS) is a institution for

carrying out community guidance. In Law No. 12 of

1995. The definition of Correctional Center is

referred to article 1 number 4, namely the

Correctional Center, here in after referred to as

BAPAS, is an institution for implementing

community service clients. In Correctional Center,

Marlina, . and Mahmud, .

The Correctional Research of Correctional Center (Bapas) in Juvenile Justice System.

DOI: 10.5220/0010101017911794

In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches (ICOSTEERR 2018) - Research in Industry 4.0, pages

1791-1794

ISBN: 978-989-758-449-7

1791

community clients who are referred as clients must

follow an orderly balance program carried out by

Correctional Center. This is in accordance with

Article 39 of Law No. 12 of 1995 concerning

Community. (‘Undang-Undang No.12 Tahun 1995

tentang Pemasyarakatan’, 1995)

Article 6 Law No. 12 of 1995 concerning

Correction, stated that the formation of correctional

prisoners was carried out in Correction Institution and

the guidance of prisoners was carried out by

Correctional Center.

The Correctional Center, through its social

assistance role, plays an important role in the chilren

in conflict with the law judicial process in accordance

with applicable laws and regulations. This article will

describe the implementation of the role of

Community Facilitator in carrying out the

Correctional Center function in handling children in

conflict with the law. (Di et al., 2017)

Children are an inseparable part of human

survival, of a nation and state. In the Indonesian

Constitution, children have a strategic role that

expressly states that the state guarantees the right of

every child to survival, growth, development and to

protection from violence and discrimination. The

child is not a miniature adult, so with the

characteristics and characteristics of a typical child

needs to be determined differentiation of treatment.

This is intended to better protect and protect children

so they can meet their future. (Meilanny Budiarti S

dan Rudi S. Darwis, 2016) As suggested by Clemens

Bartollas, there are many factors behind the personal

background of children who are at high risk of being

delinquency actors, namely age factors (younger

children will be at higher risk), psychological

variables (disputing, unruly, feeling undervalued),

school performance (problem in school with

behaviour, truant), home adjustment (lack of

interaction with parents and siblings, lack of

discipline and supervision, running away), alcohol

and drug users, neighbouring environment, and the

influence of peer strength. (clemens Bartollas, 1985)

The results of the study show that Correctional

Counselor cannot provide full assistance as

appropriate to child in conflict with the law who

undergo the judicial process. This is partly caused by

the limited number of Correctional Counselor owned

by Correctional Center so that a Correctional

Counselor must cares several child in conflict with

the law who are often located far apart with limited

time they have. Nevertheless, the Correctional Center

function in process handling child in conflict with the

law can be carried out according to the stages set.

Correctional Center can function as an institution that

handles child in conflict with the law differently with

adults according to legislation.

Community research must be conducted by

correctional centers within three days and a

community, research report must contain the

following information: (Kementerian Hukum dan

Ham RI, 2015)

a. Child identity: child identity and relation between

the child and his or her parents, religious piety and

child’s behaviors at school, informaton from

teacher, friend and child.

b. Parents Identity : parent identity parent or

guardian, marital status, social reaction to family,

home conditions, lighting, neighborhood

conditions, relation with community.

c. Biography and Child development: psychosocial

growth, Educational background, Behavior

history, obedience to religion, attitude in

education, violation of law, use of cigarettes,

drug, alcohol, information from parent or

guardian, teacher, community.

d. Condition of child clients

e. Parents Condition: social condition, history of

criminal acts, party response (child, parents,

victim, community)

All information to analyze Correctional Center

using relevant theories such as child social

development theory, adolescent psychological

development theory, criminological theory, etc.

Recommendation and analysis to law enforcement

apparatus for diversion process at all level.

Correctional Center in carrying out the constraints

of the mostly cases in conflict with the law, the

number of Correctional Center, distance, duty

coverage area and the time in correctional research

process is shortly, the attention of the community and

the victim and offender’s parent. As the result

Correctional Center must has a high level of duty and

dedication for the good correctional research.

A popular Instrument used to classify juvenile

offenders risk, need, and responsitivity factor found

in various correctional, residential, and community

settings is the youth level of service/case management

inventory. While appropriate warnings about the

universal aplicability of risk screening instruments

and offender classification schemes found in

correctional and judicical decision-making are noted.

(Kristin Bechtel, Christopher T. Lovenkamp, 2007).

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3.2 The Obstance Correctional Center

Making Correctional Reseacht to

the Best Interest of the Child

Since adoption of Law No. 11 of 2012 concerning

Juvenile Justice System Article 7 paragraph (1)

stipulates the existence of obligations to law

enforcement officials to carry out diversion to

children that conflict with the law starting from the

stages of investigation, prosecution and court.

Consideration of philosophical diversion to protect

and rehabilitate the offender. (Indonesia, 2012)

Diversion is the initial way to diverting the settlement

of criminal act, which is then carried out by a

diversion settlement with a restorative justice

approach. Restorative Justice aims to ensure that a

child who has committed a crime can be restored so

that he or she does not return to being a criminal by

determining the decision that is most appropriate for

the child through the meeting of all parties involved

in the crime. (Marshall, 1998)

This program considers the offender and victims

to get the best benefits so that they can reduce the

recidivism rate among children who commit crimes

and give a sense of responsibility for each party.

(Morris, 2001) The diversion process that commited

with a restorative justice approach that is regulated by

the Law No. 11 of 2012 on Juvenile Justice System is

the all parties approach to think together to decide the

best punishment with child.Some principles that must

be done in implementing restorative justice they are

namely: (Sharpe, 1998),

1. Restorative justice contains full participation

and consensus

2. Restorative justice seeks a solution to restore

and heal damage or loss due to a crime

committed by the offender, including efforts

to heal or recover victims for the crime that

happened to them;

3. Restorative justice provides a sense of

complete responsibility for the offender to be

responsible for his actions;

4. Restorative justice seeks to reunite the

offender as citizens of the community with the

people who have been separated due to

criminal acts;

Restorative justice gives strength to the

community to prevent the recedivism. Crime brings

damage to people's lives, but crime can be a lesson for

people to open true justice for all people.

The philosophy of the Juvenile Justice System

prioritizes protection and rehabilitation of children

(emphasized the rehabilitation of youthful offender)

as people who still have a number of limitations

compared to adults. The Child need protection from

the state and society for their future. (Marlina, 2010)

The five principles of restorative justice should be

applied in the efforts to resolve criminal cases that are

carried out by giving a sense of responsibility to all

parties, including the community itself. In addition, it

can also provide educational nuances to victims and

offender to respect each other in achieving happiness

in life together. (Marlina, 2016) Correctional research

that are made in the process of making the effort so

that the people involved can provide input related to

the crime that occurred and convey the condition of

the child to his family and community as well as the

development and remorse of the child and family for

the criminal acts he committed. Correctional Centerin

his correctional research process to divert and

regarding and any variation in the implementation of

the process.

Indonesia does not have a form of Restorative

Justice yet, but in its implementation it is left with the

facilitator and the conditions of the community and

the parties involved. In theory, in some countries the

4 variations of the restorative justice process are

Victim offender mediation (VOM), (Marlina, 2012),

Family group conferencing, (Umbreit, 1997), Circles,

(Morris, 2001), Reparative Board, (Maxwel, 2001)

Definition of Restorative Justice in Law No. 11 of

2012 concerning Restorative Justice is the settlement

of criminal cases by involving the offender, victim,

family of the offender/victim, and other related

parties to joint seek a just solution by emphasizing the

restoration of the original state, and not retaliation

(Indonesia, 2012) has referred to Family Group

Conferencing, but its implementation still requires the

participation of all parties and requires special

mediators who understand and have special expertise

in mediation.Initiating of mediationdepends on

prosecutors’ evaluation of the case and on victims’

consent withmediation. The onus to determine if a

case is eligible for mediation rests withthe prosecutor.

(Wasileski, 2015) So that Restorative justice is a

process that all of them are good at dealing with

resolve together to resolve collectively how to deal

with the aftermath of the offence and its implications

for the futureto Tony F. Marshall achieved (Marshall,

1998) In theory, any intervention within a particular

youth justice system must now account for an

increasingly globalized complexity within the social

worlds of young people while moving towards

upholding their human rights. (Moore and Mitchell,

2009).

The Correctional Research of Correctional Center (Bapas) in Juvenile Justice System

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4 CONCLUSION

Correctional reseacht make by cerrectional center are

very important in the juvenile juscite system. All

component of the Juvenile justice sytem need

correctional reseacht of correctional center to take the

act of divertion in the Juvenile justice system starting

from the stage ong investigation , prosecution and

coutd. The research results show that 80% of law

enforcers agree that community research conducted

by correctional centers is important for components

of sub-system of criminal justice system such as

investigators, prosecutors and court. 80% of law

enforcers says that community research report

prepared by correctional centers becomes the

consideration of investigators, prosecutors and courts

in diversion process. Therefore the correctional

reseacht made by correctional centers must decribe in

a comple and systematic condition and existence of

childen and the people’s view of the crimes that

occur, so as to provide protection to victim. Offender

and community. The obstance correctional center

make corectional reseacht fot the best interest of the

child breadth of correctional center working area, the

number of correctional center personnel is minimal,

lack op publik understanding of the importance of

correctional reseacht, there are still law enforcement

officials in the Juvenile Justice System who are less

in favor of childrent so corecctional reseacht are not

notice.

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