Protecting the Rights of Children in Conflict with the Law: Children's Constitutional Rights Perspective

Wahdah Zainal Imam

doi:10.7176/jlpg/92-23

Abstract

Violence against women is one of the crucial social mechanisms that encourage women in a position of subordination compared to men. In many cases even law enforcement officers and the community tend to see this type of violence as the fault of women themselves and also the myths that accompany it. The research is a legal research using a case and conceptual approaches. The results show that the punishment for children against with law as sexual crime perpetrator must not ignore the aspect of development as a broader social planning strategy. Legal protection and rights for children are one of the approaches to protect children in order to grow and develop properly, especially children in Indonesia. As a systemic process, the criminal law enforcement emerges as a criminal law application which involves various structural sub-systems such as police, prosecutors, courts and also correctional institutions. Above all, the 1945 Constitution as the highest law expressly held that children have constitutional rights. Keywords: Children; Constitutional Right; Human Right; Sexual Crime DOI : 10.7176/JLPG/92-23 Publication date: December 31 st 2019

Highlights

For almost two centuries, children were largely absent from the class of constitutional rights-holders.1 From criminological perspective, violence in the community are not something new, violence is often performed together with a crime
Law application must be viewed from 3 dimensions, namely: the first, law application is viewed as a normative system; the application of all rule of law that describes social values supported by criminal sanctions; the second, law application is viewed as an administrative system which includes interactions between various law enforcement apparatuses which constitute the judicial sub-system; the third, criminal law application is a social system, in the sense that in defining criminal offense must be taken into account various perspectives that exist in the communities
Punishment for children against with law as sexual crime perpetrator must not ignore the aspect of development as a broader social planning strategy

Summary

Introduction

Children were largely absent from the class of constitutional rights-holders. From criminological perspective, violence in the community are not something new, violence is often performed together with a crime. The type of violence many comes from cultural factors that place women in vulnerable positions than men This is recognized by the international community as stated in the UNs Declaration on the Elimination of Violence against Women (hereinafter referred to as the Declaration on the Elimination of Violence). In a separate note from throughout 2017, there were 179 cases of violence against children It is well-understood that does the Indonesian Constitution expressly and clearly protect human rights and against discrimination, but incidents with various modes of operation cause victims to suffer, they become stressed, depressed, scared, traumatized, and afraid to meet the perpetrator, and defect physically

A Causative Review for Child in Constitutional Perspective

Attempt to Overcome the Sexual Crimes Committed by Children

Conclusion