The Imposition of Sanctions that Govern Pancasila for Juvenille Deliquency

Abstract

This study aims to look at the imposition of sanctions that govern Pancasila for juvenille deliquency. This study uses a historical approach on the grounds that there are changes and developments in the meaning and purpose of punishment from a view that was originally oriented towards traditional retributive views that saw criminal sanctions as punitive towards a more human or humanist conception of punishment by emphasizing the element of corrective action. crimes, namely children and a comparative juridical approach that is focused on the formulation of alternatives to child criminal sanctions in several KUHPs of foreign countries. The results showed that the strategy of developing sanctions against children who committed crimes had been carried out through the enactment of Law No. 11 of 2012 concerning the Child Criminal Justice System three principles of punishment recognized in UUSPPA, namely the principle of criminal responsibility, the principle of the best interes of the child and the ultimum principle remidium. The three principles of punishment are also the basis of the formation of UUSPPA so that two punitive conditions apply for children in conflict with the law, namely the terms of absolute punishment and the conditions for relative punishment. The imposition of sanctions that affect the Pancasila for children who commit criminal acts in the form of verbal sanctions is considered more humanistic because with children's verbal sanctions avoid negative stigma that can affect the future of the child.