THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN FACING THE LAW IN TERNATE CITY

Abstract

This research examines the intersection of children's rights and the provision of special protections for minors involved in legal proceedings, specifically focusing on children who are offenders. The study is motivated by the heightened vulnerability of children to human rights violations when they engage with the criminal justice system. Employing an empirical juridical or sociological legal research method, this work scrutinizes both the relevant legal frameworks and their real-world application. Through a combined sociological juridical and statutory approach, the research evaluates all regulations pertinent to the legal issues at hand. Data were analyzed using descriptive and qualitative methods, alongside deductive and inductive reasoning to reach conclusions. The findings reveal that the enforcement of special protection rights for child offenders by both law enforcement agencies and the Ternate City Regional Government falls short of expectations. Despite some cases being addressed through restorative justice measures, there remains significant room for improvement. Efforts by the Ternate City Regional Government to meet the rights of child offenders and advance its status as a Child-Friendly City—including the provision of facilities and services tailored to the needs of child offenders such as specialized detention cells, recreational activities, social advocacy, and access to education, health care, and religious services—are hindered by both internal and external challenges. These include the absence of a Regional Regulation on Child Protection to serve as a legal foundation at the regional level, a lack of rehabilitation facilities for children with substance abuse issues, and a general lack of public awareness and understanding regarding the principles of restorative justice, which prioritize the best interests of the child.