CONSTRUCTION OF CHILDREN UNDER 12 YEARS OF AGE IN CONFLICT WITH THE LAW IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA

Abstract

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime. The purpose of this study was to analyze the construction of the regulation of children under the age of 12 in the Constitution of the Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System. This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the Construction of Regulations for Children under the Age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as Children in Conflict with the Law. There is a need for additional rules or amendments to the provisions of criminal sanctions for children, where criminal sanctions will be given to children aged at least 10 years, where these rules consist of basic criminal sanctions, such as community service or supervision, job training, coaching in institutions. This sanction is carried out by considering the rights of children as perpetrators, children as victims and children as witnesses who are underage, without eliminating the implementation of applicable legal obligations.