Abstract
The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime
Highlights
Indonesia as a country that adheres to the rule of law is naturally obliged to conduct the development in the field of law in order to lead to an orderly, peaceful, just and prosperous society
Implementation of Juvenile Criminal Sanctions According to Law Number
The process of punishment given to children through the formal criminal justice system by placing children in prison did not succeed in deterring the children and becoming a better person to support the process of growth and development
Summary
Indonesia as a country that adheres to the rule of law is naturally obliged to conduct the development in the field of law in order to lead to an orderly, peaceful, just and prosperous society. Law as a regulation of human actions made by legitimate power, in the form of decisions and in its implementation in accordance with the ideology of the nation concerned, as an institutional protector of the nation, based on natural law (Ali, 2015: 74) It means that the recognition of human dignity as a person with the possibility for self-development (Setiardja, 1990: 154). Pancasila as stated in the preamble of the 1945 Indonesian Constitution is an intact and unified whole of the five precepts, they are Belief in One God, Just and Civilized Humanity, Indonesian Unity, Democracy Led by Wisdom in Deliberation/Representation, and Social Justice for All Indonesian people This means that the development of national law is essentially building concepts of order that are oriented to the values of Pancasila, namely: 1. PROBLEM STATEMENT “Has the implementation of juvenile criminal sanctions implemented transcendental values?”
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