Child Criminal Justice System Research Articles

The Paradox of Child's Diversion Policy in Conflict with the Law in the Indonesian Child Criminal Justice System

This research aims to examine the paradox of implementing the diversion policy for children in conflict with the law in student brawl cases in DKI Jakarta. The research uses a qualitative approach with a case study method. Case analysis uses forecasting analysis framework by William Dunn (2003) and Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis by Chermack and Kasshanna (2007). There are three conclusions from this research. First, the problems of the diversion policy for children in conflict with the law are generally not caused by primordial factors but are caused by law enforcement investigators who often do not follow the mandate of the Law on The Child Criminal Justice System to determine child diversion. This is because the police apply criminal offenses based on the perpetrator's actions and can consider the recommendations of the Community Counselor of the Correctional Center. Second, there is a paradox in the implementation of the diversion policy for children in conflict with the law, starting from the high use of the Emergency Law in the Indonesian Legal System, the low competence of law enforcement officers in implementing the diversion policy for children in conflict with the law, terminating investigations without involving Community Counselor of the Correctional Center, to carrying out detention in correctional centers that are not child-friendly. Third, based on forecasting and SWOT analysis, it is necessary to transform juvenile justice legal policies in the future, especially increasing competency of the law enforcement officers, ensuring the availability of child-friendly infrastructure, supporting the child in conflict with the law advocacy and extensifying community-based policing.

Qualification Of Age Limits For Criminal Responcibility According To The Child Criminal Justice System And Indonesia Criminal Code

The age limit for children is very important in juvenile criminal cases, because it is used to find out whether a person suspected of committing a crime is included in the category of a child or not. Limitation of the age of children, there is also diversity in various countries that regulate the age of children who can be punished. Some countries also provide a definition of a person being said to be a child or an adult in terms of age and activity or ability to think. The approach method in this study uses an approach to legislation (statue approach), fact approach, case approach and analysis of legal concepts. The results in this study are the non-uniformity of the qualifications for the age limit of children between one law and another, giving rise to various existing legal conflicts regarding the limits of children's responsibility. According to the Criminal Code Number 1 of 2023 in article 40, it states that criminal liability cannot be imposed on children who are not yet 12 (twelve) years old at the time of committing the crime, while in Law Number 11 of 2012 it states that children who are in conflict with The law hereinafter referred to as a child is a child who is 12 (twelve) years old but not yet 18 (eighteen) years old who is suspected of committing a crime.

Penyelesaian Tindak Pidana yang Dilakukan Anak Melalui Diversi Dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak

In the Indonesian constitution, children have a strategic role: "The state guarantees the right of every child to survival, growth, and development as well as protection from violence and discrimination". Children are an integral part of human survival and the survival of a nation and state. Therefore, children's best interests should be internalized as the best interests for the survival of mankind. The consequences of the provisions of Article 28B of the 1945 Constitution of the Republic of Indonesia need to be followed up by making government policies aimed at protecting children. To protect the interests of children, the state established Law Number 23 of 2002 concerning Child Protection, amended by Law Number 35 of 2014 concerning Child Protection. More specifically the state also regulates the protection of children who commit crimes. in Law Number 3 of 1997 concerning Juvenile Court which was replaced by Law Number 11 of 2012 concerning the Child Criminal Justice System; however, even though the law has been formed, especially in the settlement of criminal acts committed by children through diversion, there are still weaknesses and legal vacuum. The first formulation of the problem in this study is What are the requirements for a crime that can be diversified in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System? and the second formulation of the problem is What are the juridical consequences if diversion is not carried out by law enforcers in Law Number 11 of 2012 concerning the Child Criminal Justice System? To analyze these problems, the researcher used normative research by reviewing and analyzing laws and regulations related to the settlement of crimes committed by children through diversion in Law Number 11 of 2012 concerning the Child Criminal Justice System.

Perlindungan Hukum Kepada Anak Yang Melakukan Tindak Pidana

This study is entitled "Legal Protection of Children as Criminal Actors. Nowadays there are often criminal acts committed by children. The problem in this study is the legal protection for children as perpetrators of crime in accordance with the juvenile criminal justice system in Indonesia and its implementation in the Merauke region. The research method used is a juridical-empirical legal research method with a fact and legislation approach. The existing law is used as a guideline about what people should and should not do and see the phenomena that occur in the field. The forms of protection provided to children in conflict with the law are based on Law no. 11 of 2012 concerning the Child Criminal Justice System, which provides protection to children in the stages of arrest and detention, investigation, prosecution, trial and coaching, and through the application of diversion. The conclusion of this study is that children as perpetrators of torture must be treated humanely, accompanied, provided with special facilities and infrastructure as well as sanctions given to children in accordance with the principle of the child's best interests.

Children's Criminal System as Criminal Offenders Perspective of Law Number 11 Of 2012 Concerning Children's Criminal Justice System

Purpose: This study describes the principles system of legal protection against Children as criminal perpetrators in Law of the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Criminal Justice System refers to the Convention on The Rights of The Child, and it has covered most of the principles of child protection perpetrator as well.Methodology:The research method used in this study is normative legal research because it includes the scope of legal dogmatic learning or researching legal rules.Findings: The study also found that the provision of punishment against the child has been following that stipulated in Law Number 23 of 2002 concerning Children Protection, which states that imprisonment can be applied to the child when there is no last effort any longer and shall be executed separately from the adult prison.Implication:The child protection efforts shall be implemented by imposing restorative sentencing (restorative justice) and diversion if completing the requirement of Law Number 11 of 2012 concerning the juvenile criminal justice system.

Jaminan Perlindungan Hukum Anak: Optimalisasi Unit Perempuan dan Anak Institusi POLRI

This article discusses the existence of women’s and children’s units. The Women and Children Unit is responsible for providing services in the form of legal protection for women and children as victims of crime and law enforcement against their perpetrators. At present, the child, as the perpetrator of other violations of the law, is investigated according to the field of violations committed by the child and not dealt with by the Women and Children Unit. The focus of this article is on how the position and authority of the Women and Children Unit are based on Regulation No. 10 of 2007 on the Organization and Organization of Women and Children Units, as well as the urgency of the reform of criminal law through the powers of the Women and Children Unit. The research method is the juris-normative study of law. The findings of the research show that the Women’s and Children’s Units were given authority on the basis of Article 11 of Capolri Regulation No. 3 of 2008. This rule provides special protection and treatment for children who commit certain criminal acts, both as victims and as perpetrators of certain crimes. The uncertainty of the Women's and Children's Units in the process of handling children in terms of the investigation of the child of a criminal offense caused a large number of children to be involved in the investigation and investigation process, which was carried out by adult investigators and not children. With the impact caused in the process of handling the child, the offender’s conduct is considered inappropriate or less relevant. The provisions on the treatment of children of perpetrators in the case of investigation and investigation of children should be reformulated so that the child is protected from the negative impacts that may affect the fulfillment of the objectives of the child criminal justice system.

Konsepsi Perlindungan Hukum Terhadap Anak Yang Menjadi Pelaku Dan Korban Kekerasan Seksual Dalam Sistem Peradilan Pidana Anak

The high rate of sexual violence experienced by children in Indonesia is increasing which has become a special concern for both the Central and Regional Governments and the participation of the community. This study aims to analyze the conception of legal protection for children in the Draft Criminal Code (RKUHP) regarding the criminal responsibility of children in the Child Criminal Justice System (SPPA) in Indonesia, where the perpetrators and victims are children. 1. What is the concept of the legal regulation of the RKUHP as a form of protection for children whose perpetrators and victims of sexual violence are children. 2. What are the legal remedies for perpetrators and victims of sexual violence in juvenile criminal justice. The results of the study can be concluded that, the RKUHP is a comprehensive criminal law reform by following the conditions and developments that live in society, imprisonment as far as possible is not imposed if it is found that the defendant is a child and children under the age of 14 (fourteen) years cannot be sentenced. criminal acts and can only be subject to action, on the one hand, the perpetrator remains accountable to the victim. SPPA prioritizes settlement with a restorative justice approach based on the Decree of the Director General of the General Court of Justice Number 1691/DJU/SK/P.00/12/2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts. In addition, Diversion can also be applied, which is the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. In the event that Diversion is unsuccessful or does not meet the requirements, the judge seeks a decision with a restorative justice approach as regulated by Law Number 11 of 2012 concerning SPPA, the judge proactively encourages related parties to seek peace while still prioritizing the principle of the best interests of the child and the sentencing process is the last resort while not ignoring the rights of the child.

Restoratif Justice, Diversi dan Peradilan Anak Pasca Putusan Mahkamah Konstitusi Nomor 110/Puu-X/2012

The Constitutional Court, by Decision No. 110/Law-X/2012, repealed Articles 96, 100, and 101 of Law No. 11 of 2012 on the Child Criminal Justice System, which establishes penalties for judges, prosecutors, and investigators who do not seek discrimination against children who face the law. These provisions have no more binding legal force for judges, police, and prosecutors who do not perform their duties. The study focuses on the implementation of diversity and the impact of child protection before and after the Constitutional Court rulings. The interview data is obtained from the Banda Aceh State Court, supported by library data, and analyzed using a juridico-empirical approach. Based on the analysis of the data, it was found that the execution of diversion in the Banda Aceh State Court before the birth of the decision of the Constitutional Court Number 110/PUU-X/2012 was in accordance with the regulations of the laws in force and was accompanied by the threat of criminal offenses. After the birth of the judgment of the Constitutional Court, the execution of differences is an obligation that must be carried out by the judge but is not accompanied by the threat of a criminal offense for a judge who does not perform it. The impact of the ruling of the Constitutional Court is that there is no criminal threat to the judge, JPU, and investigator because the Constitutional Court ruling has declared Articles 96, 100, and 101 to have no binding legal force. Nevertheless, the duty of diversification remains a duty that must be enforced by law enforcement.

Kajian Hukum Penanganan Anak Yang Melakukan Penyalahgunaan Narkotika

The purpose of this study was to examine and analyze the legal rules regarding the handling of children who commit criminal acts, the factors that cause narcotics abuse and the policies taken by the Directorate of Drug Investigation of the North Sumatra Regional Police in Handling children who abuse narcotics. This research relies on secondary data sources consisting of positive criminal law legislation in Indonesia, namely the Criminal Code, laws and regulations outside the Criminal Code relating to problems, the 2008 National Criminal Code Concept, the Child Criminal Justice System, various laws and regulations obtained from various countries as material for comparison as well as various opinions of legal experts that are closely related to this research. The results of the research state that the legal rules regarding the handling of children are regulated in the SPPA Law No. 11 of 2012, where in the law that the handling of children must prioritize the protection of children. The factors causing narcotics abuse by children in the Legal Area of the North Sumatra Regional Police are: lack of parental supervision, follow-up factors, intentionally being used by narcotics dealers, narcotics trafficking which is getting out of control until it is very close to the social environment of children. everyday life, as well as the lack of children's understanding of the dangers of narcotics. Policies for handling children who commit criminal acts of narcotics abuse in the North Sumatra Regional Police are guided by the SPPA Law No.11of2012.

Seeking Justice for Indonesian Children: The Juvenile Criminal Justice System in Indonesia in the Context of Criminal Justice Reform

Children who are in contact with law in Indonesia have their own characteristics and handling procedures through the Juvenile Criminal Justice System. Through Law Number 11 of 2021 concerning the Juvenile Criminal Justice System, the state tries to be present to protect children's rights, even though children are perpetrators of crimes. Handling criminal cases against children is certainly different from handling cases against adults, the handling of children is special because it is also regulated in separate regulations. Understanding of the process of handling children's cases, of course, there may still be some in the community who do not understand or understand, so that sometimes it gives rise to various assessments, even more fatal if there is a misjudgment that the handling of children, especially children in legal conflicts 5 get special treatment and there are also those who think that children cannot be punished even though it is not that far, it's just that the handling process is specifically regulated. This study aims to analyze the concept of justice for children in the Indonesian Child Criminal Justice System within the framework of Criminal Justice Reform. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer the substance of justice contained in the Juvenile Criminal Justice System within the framework of criminal justice reform. The location of this research was specifically carried out in the city of Semarang, and several other cities as supporting material. Supporting data in this study were also obtained from various studies on the internet. 

Criminal Settlement Of Criminal Acts Of Motorcycle Theft By Child Through Restorative Justice

A criminal act is an unlawful behavior carried out by an individual and must be punished for the wrongdoing as stated in the law. Criminal acts committed by children or known as juvenile delinquency are now increasingly widespread and varied, both in frequency in quantity or in seriousness in quality in the form of crime. If child crime develops rapidly and widely, what happens is that children who commit crimes will grow into adults and have the potential to become criminals if there is no serious response early on. This study uses an approach with a normative juridical method with a descriptive analytical research specification. The data used is secondary data. Based on the research results, the conclusions in this study include 1) The factors that cause children to commit the crime of theft include internal factors (personality), environmental factors and economic factors. 2) Implementation of restorative justice in handling the crime of motorcycle theft which is in accordance with the Implementation of the Diversion Child Criminal Justice System Law Number 11 of 2012. In applying restorative/diversion justice, there are always efforts for every child who commits a crime. In some cases, diversion can be carried out with the consent of all parties, so that the case does not reach the prosecution level. Restorative justice only applies to petty crimes, with mediation through deliberation. The application of restorative justice has not been effective, because there are still people who fail to implement the purpose of diversion in the investigation of criminal cases of theft of children's motorcycles, especially the police have not implemented the purpose of restorative justice. Everything from the number of children who steal motorcycles. 3) Obstacles in overcoming the crime of motorcycle theft by children through restorative justice, namely the difference in perceptions related to the meaning of justice by restorative justice actors and the existence of an incosystem in the implementation of regulations, especially those regulated in article 7 paragraph (2) of law number 11 of 2012 about the juvenile criminal justice system.

HAK-HAK NARAPIDANA ANAK DI LEMBAGA PEMBINAAN KHUSUS RIGHTS OF CHILDREN IN SPECIAL CORRUPTION INSTITUTIONS

Crimes against children are currently increasing in Indonesia, childrenare one of God's creations and at the same time are the children of the family. AsGod's creation, children under 18 years old or unmarried are still unstable intheir behavior, their unstable emotions should get full attention in correctionalinstitutions. This study aims to analyze the regulation of the child educationsystem in special coaching institutions and legal protection for child prisoners inspecial coaching institutions. This type of research uses an empirical method,using a Legislative and Conceptual approach. The problems raised; 1. Children'sRights in Prisoners Educated in Special Guidance Institutions. 2. Regulation ofchildren's rights in the criminal justice system in Indonesia. 3. ObstaclesExperienced by Officers in Fostering Child Prisoners in Special GuidanceInstitutions. Discussions and discussions include; Children's rights in the justiceand education system are regulated in the Law of the Republic of IndonesiaNumber 11 of 2012 concerning the Child Criminal Justice System while the legalprotection of children is regulated in the Law of the Republic of IndonesiaNumber 35 of 2014 amendments to Law Number 23 of 2002 About ChildProtection. Correctional officers must understand better and must be adapted tothe conditions and situation of Indonesia without ignoring the methods or rightsthat should be obtained by children who are in conflict with the law by othercountries that should be considered and imitated.

FILSAFAT HUKUM PIDANA PADA ANAK DI IRAN DAN INDONESIA

Every child has human rights as well as the rights of adults, so respecting children's rights is the same as respecting human rights. This paper aims to compare the policy of imposing the death penalty on a child between Iran and Indonesia. This research is a normative legal research conducted by examining library materials or secondary data. The approach used is a comparative approach, which is to compare child protection laws between Iran and Indonesia. The regulation of criminal penalties against children in Iran is regulated in Article 91 of the Iranian Islamic Criminal Code in 2013 and in Indonesia it is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Child Criminal Justice System. The regulation of legal protection for children in Iran and in the State of Indonesia, when compared, has quite basic differences in several aspects of the provisions of criminal acts and the criminal system. In the criminal setting in Iran, it justifies the application of the death penalty for crimes committed by children under 18 years of age. In the last 7 years, almost all juvenile offenders who were executed were sentenced to death based on qisas and hudud verses. Meanwhile, in Indonesia, it does not apply the death penalty to children but prioritizes restorative justice and diversion which is intended to avoid and keep children away from the judicial process so as to avoid stigmatization of children in conflict with the law and it is hoped that children can return to the social environment naturally.

Restorative Justice in The Child Justice System: Implementation in Other Jurisdictions

Developments in the child criminal justice system internationally, indicate that restorative justice has been adopted as one of the mechanisms of resolving criminal cases. Some countries, such as the United Kingdom and New Zealand integrate restorative justice process into the child justice system to complement the available law in dealing with child offenders. It can be regarded as an alternative or complementary to the child justice system that allows the perpetrator and the victim to resolve the criminal dispute based on their needs and interests with the assistance of a neutral third party. Unless the discussion or agreement is unable to reach, the case will be forwarded to the court that has jurisdiction to hear and determine the case. However, Malaysia does not have specific provisions in the law that allow criminal offences committed by a child to be resolved through restorative justice. Thus, this article examines the concept of restorative justice and its implementation in the child criminal justice system in New Zealand and the United Kingdom. This article also examines Malaysian position on restorative justice for child offenders and how it can be integrated into the Malaysian child justice system. It is proposed that the Child Act 2001 be amended so that restorative justice can be introduced and implemented as part of the child justice system in Malaysia. This article adopts qualitative research with reference to printed and online materials such as books, journal articles, acts, and decided cases that are available in the library and the internet.

The Effectiveness Of The Application Of The Last Resort Principle On Child Residivists In The Child Criminal Justice System

Improper criminal imposition can ignore child protection arrangements, because child punishment should be the last resort or the last resort principle and imposed only for a short time. The method used in this research is empirical legal research. Empirical legal research is legal research conducted by examining primary data, namely data obtained directly from the community. As for the results of the Guidance Program for Correctional Students at the Class II Maros Special Child Guidance Institute, there are still some shortcomings such as the absence of a legal awareness program and the provision of formal education which indirectly affects the non-fulfillment of the rights of correctional students, especially because there are still adult prisoners who should be separated from children. The actual role of the officers of the Child Special Guidance Institution in its implementation is still not optimal due to the lack of quality and human resources, and there is no special coach for children.
 Keywords: Child Crime; Effectiveness; Recidivists

LEGAL PROTECTION FOR CHILDREN IN THE CRIME OF THEFT

The purpose of this research is to find out and analyze the legal protection for children as perpetrators of the crime of theft and the obstacles faced in realizing legal protection for these children. the approach method uses a normative juridical approach. The results of the research stated that legal protection for children in conflict with the law can be found in national instruments as follows: the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 4 of 1979 concerning Child Welfare, Law Number 35 of 2014 concerning child protection, Law Number 11 of 2012 concerning the Child Criminal Justice System. Then in protecting children as perpetrators of the crime of theft, a diversion system is also implemented. Diversion is a form of protection for children as perpetrators of the crime of theft which must or must be carried out. In practice, the success of legal protection for children in the implementation process of children as perpetrators of the crime of theft is not solely related to the applicable law, but it is also very dependent on the constraints that affect its implementation.

PERSPECTIVES ON ISLAMIC CRIMINAL LAW AND POSITIVE INDONESIAN CRIMINAL LAW AGAINST CHILDREN WHO COMMIT CRIMES

The factors that cause children to commit delinquency consist of two kinds, namely intrinsic and extrinsic motivation. Intrinsic motivation is encouragement or desire in someone who does not need to be accompanied by stimulants from the outside. Extrinsic motivation is an impulse that comes from outside a person. The punishment for the crime of minors from the perspective of Islamic criminal law and positive criminal law is as follows: Based on Law Number 11 of 2012 concerning the Child Criminal Justice System, which came into force in 2014, it is known that "Children who are not yet 14 (fourteen) years can only be subject to action ". Based on this, the age limit for children who can be convicted or can be punished if interpreted, is almost in accordance with the concept of balig or adult concept in Islamic law, which is only fifteen years old; semen out; dreams of intercourse; start menstruating for women.

TINJAUAN YURIDIS TERHADAP SANKSI DOUBLE TRACK SYSTEM DALAM SISTEM PERADIALAN PIDANA ANAK

Children are individuals who have not been fully responsible for their actions. So against children who are in conflict with the law, punishments are formed with the concept of a double track system as contained in Law Number 11 of 2012 concerning the Child Criminal Justice System. This article discusses how the concept of double track system sanctions against children is reviewed in juvenile justice. and discusses how the guidelines determine sanctions for juvenile justice children.

Determination of children in conflict with the law in the child criminal justice system

The present study aims at; first, reviewing and Analyzing the terms of detention of children in conflict with the law are in balance with the best interests of children according to the Juvenile Criminal Justice System; second, reviewing and analyzing the considerations of law enforcement officers in detaining children in conflict with the law in the Juvenile Criminal Justice System. The research was conducted using a empirical normative research method using a statutory approach, a case approach and an analytical approach by connecting problems related to issues and strengthened by data / information on field facts so that answers to the problems being studied are obtained. The results of the research that has been carried out, the concluded: (1) The terms of detention in the criminal justice system for adults are the same as the detention conditions set by the juvenile criminal justice system. However, the implementation of child detention is always focused on the best interests of the child and the balance of interests so that the child will not be harmed in the applicable law.

Pidana Penjara Untuk Anak Pelaku Tindak Pidana Terorisme dalam Perspektif Perlindungan Anak

This study aimed to analyze imprisonment for children who were perpetrators of terrorism crimes and legal protection for children who were perpetrators of terrorism crimes based on statutory regulations. The study was analyzed qualitatively using a statutory approach and a case approach with a normative juridical type of research. The study results showed that imprisonment for children who were perpetrators of terrorism criminal in the Juvenile Criminal Justice System Act was not prohibited but must be used as a last resort and in the shortest time. Legal protection for children involved in criminal acts of terrorism in the Child Criminal Justice System Act was in line with the Child Protection Act, which considered special protection for children who were perpetrators of terrorism crimes by emphasizing rehabilitation through deradicalization guided by religious education, Pancasila education, values of nationalism and guidance on the dangers of terrorism.