Restoration of Children’s Rights after Imprisonment in the Perspective of State Responsibility

Abstract

Sensitivity to a sense of justice and concern for the next generation of a nation should also be measured by their attention to efforts to protect the rights of troubled children, especially the rights of post-prison children. This research aims to examine the weaknesses of the regulation of children’s rights after imprisonment and to examine the state’s responsibility in restoring the rights of children after imprisonment. This research uses normative legal research methods with statutory and conceptual approaches. The results of the study show that, basically, the rights of children who are post-convicted, as previously mentioned, are regulated in the Child Protection System Law and generally regulated in the Child Protection Law. In an effort to fulfill human rights by the Indonesian State, it must be carried out thoroughly, including in terms of fulfilling children’s rights as part of human rights in general, and the fulfillment of children’s rights itself must be carried out for all children who live, grow and develop under the umbrella of Indonesian law, including children after being convicted. The regulation of children’s rights as stipulated in the Child Protection System Law and the Child Protection Law is not enough, so in addition to the need to explicitly emphasize the rights of children after being released from prison, it is also necessary to regulate the mechanism for restoring their rights after being released from prison.