Child Offenders Research Articles

Excusing child offenders: a victim justice perspective

This paper aims to explore the essence of the excuse defense for child offenders and justice for victims. In uncovering its meaning, doctrinal research is conducted with a legislative and conceptual approach, accompanied by a teleological interpretation of legal materials. The research findings indicate that the excuse defense is granted to children under the age of 12 who commit criminal offenses not because their actions are forgiven but due to their inability to form intent or comprehend the consequences of their actions. On the other hand, victims, as the injured party, must also receive justice. The author believes that the government should reconsider the application of the excuse defense for children. The government must also be more selective in determining appropriate sanctions for children based on the nature of the crime committed. If the child's actions result in significant material or immaterial harm, restorative justice may serve as a viable option to balance the interests of both parties, restore the victim's situation, and divert the child from judicial proceedings, thereby achieving a win-win solution.

Legal Protection of Childern as Perpetrators of Criminal Acts of Obscenity

The child protection is a fundamental human right. Every child is entitled to survival, development, participation, and protection from crime and discrimination. Legal protection for children involved in criminal acts, such as molestation, is governed by Law Number 11 of 2012 on the Criminal Justice System. This research utilizes Law Enforcement Theory and Law Protection Theory, adopting a normative juridical approach supported by empirical data. The study begins with an analysis of relevant legal articles and includes primary data to support secondary legal materials. The analysis aims to provide a prescriptive study with interpretive analysis. The findings reveal that legal regulations for child molestation cases, as in Decision Number 2/Pid.Sus-Anak/2022/PN Jkt Brt, are based on Article 82 paragraph (1) jo Article 76 E of Law Number 17 of 2016 and Article 64 paragraph (1) of the Criminal Code. Protection for child offenders is outlined in Article 71 paragraph (4) of the Child Protection Law and Article 3 of the Juvenile Criminal Justice System Law, emphasizing humane treatment and access to legal aid.

Juvenile Justice in the United Kingdom and Hong Kong: Historical and Modern Perspectives

The 19th century saw the introduction of numerous acts in the United Kingdom relating to juvenile justice that emphasised rehabilitation and sought to protect the rights of child offenders. Since then, legislative and institutional changes have generally increased the leniency of the law towards acts of juvenile delinquency, but exceptional cases involving child killers have raised jurisprudential concerns relating to these acts. This paper explores the question of punishment in criminal law from the Victorian era onward, focusing on the disparity in treatment between juvenile and adult offenders, and summarises the relevant extant U.K. and Hong Kong legislation. The case of Sharon Carr, a woman convicted of murder for a thrill stabbing she had committed at age 12, is examined with a comparative approach with the judgement of Mary Bell, who was convicted of manslaughter for strangling two toddler boys. A conclusion on the evolution of the juvenile justice system through jurisprudential perspectives will be offered.

Systemic failures in New Zealand's child-welfare and Family Court proceedings underlie and perpetuate child offending

Early childhood offending onset (before age 14 years) is associated with increased risk of lifecourse offending and poor life outcomes. The vast majority of children who offend in Aotearoa New Zealand (N.Z.) have had involvement with the child-welfare system prior to offending. Why does this engagement with statutory systems not prevent the trajectory into offending, nor its persistence into the youth-justice system (aged 14–18)? This study interviewed 33 key stakeholders (including family members, lawyers, police officers, social workers, psychologists, school and cultural leaders) on the systemic issues they had experienced with children who had offended and their families. Interviews were transcribed and analysed by the authors. Barriers to effectively responding to offending (and, more importantly, prevention of offending in the first place) included child-welfare engagement that was delayed and ineffective; deficit-focused engagement with families and children; under-resourced Family Court systems that delayed court proceedings and further hindered effective child-welfare intervention; and systemic shortfalls that continued once a child had offended, with widespread uncertainty as to how best to respond or access appropriate resources. Earlier and more effective intervention with children and families with child-welfare concerns is needed to prevent and reduce offending and victimisation of and by children.

Pertanggungjawaban Pidana Anak Pelaku Penyalahguna Narkotika Perspektif Hukum Pidana Islam

Decision number 03/Pid.sus-Anak/2018/PN.Skt regarding child offenders who abuse narcotics even though the child has been legally and convincingly proven guilty in article 127 paragraph 1 letter a of law number 35 of 2009, but the child is only given a lenient criminal sentence. The research was conducted to examine the criminal liability of children as drug users. The research method used is qualitative research with normative research. The data analysis techniques used is content analyis. The result of this research explain that the criminal responsibility of children who abuse drugs in verdict number 03/Pid.sus-Anak/2018/PN.Skt is because children have fulfilled the theory of criminal responsibility and based on law number 11 of 2012 children can be held accountable for their actions, the sentence given is to undergo treatment at the SINAI Sukoharjo Mental and Drug Rehabilitation Foundation for 6 (six) months, the decision is also based on the judge’s consideration. Meanwhile, in Islamic criminal law, children as perpetrators of criminal acts will not be subject to punishment in the form of hudud, qishas/diyat, or ta’zir. Children will only be subject to ta’dibi which is coaching that provides lessons but does not affect their psycholog.

Legal Regulations for Children Involved in Narcotics Crimes in Indonesia

Norms that protect children as perpetrators or victims, especially narcotics, are basically complete, namely the application of Law No. 35 Of 2009 On Narcotics Against Children Involved In Narcotics Crimes After The Birth Of Law No. 11 of 2012 on Child Protection. Seeing the verdict against the child offender who should be given protection, on the other hand the child protection rules strongly emphasize that children should not be reduced let alone deprived of their independence. The research method uses empirical juridical approach, the data used is secondary data and primary data. The interviewees in this study consisted of interviews with judges, investigators, child lawyers, social workers from Child Protection institutions. The data analysis used is qualitative. The provisions stipulated in law No. 35 of 2009 this of course applies in general but if involved in narcotics crime is a child then it is mandatory to use the Child Act. Before the birth of Law No. 11 of 2012 on the juvenile criminal justice system, the law used in the event law is law No. 3 year 1997 namundalam practice when the procedural law is regulated in the Narcotics Crime Act then used by investigators is the Narcotics Act while the Act No. 3 of 1997 on Juvenile Court impressed only as a companion to the law.

Defilement and the Ugandan Criminal Justice System

Defilement stands out from the obstacles suffered by the Uganda's children. Defilement, a sexual offence, that involves having canal knowledge with a kid under the age of majority, regardless of sex, poses a societal hazard and hindrance. Despite the provisions of the criminal law in Uganda, official statistics on defilement continue to be climbing yearly. This anomaly has taken many legislators aback and made them confused on how to approach it. This confusion necessitated the present study that thoroughly examined defilement and the Ugandan criminal justice system. The study secondarily sourced its data from textbooks, policy briefs, newspaper publications, journal articles, technological blogs, court decisions and statutory provisions. The study recommends constant awareness on defilement risks to be raised by the government. This is because lack of legal awareness makes destruction of evidence by the victims who rush to bathe after being defiled. In certain cases, the victim shields the abuser from police. Additionally, there should be enhancing record keeping to help victims prove defilement components like age. Due to lack of birth certificates for some children, which makes it hard to determine the victim's age, the need for medical personnel to be informed of defilement cases so they can assist in prosecution, and the need to train law enforcement agents on how to handle defilement cases, record keeping should be improved. More so, there need for increase in the number of remand homes for child offenders. This is crucial given Uganda's high child-to-child sex rate. Child perpetrators need remand centres, and more remand houses should be established to accommodate the vulnerable state of defiled victims. Keywords: Child perpetrators, Criminal justice system, Defilement, Offenders, Remand centres.

APPLICATION OF INTEGRATED ASSESSMENT IN HANDLING NARCOTICS ABUSE CASES INVOLVING CHILD OFFENDERS

Cases of abuse and illicit trafficking of narcotics involving child offenders continue to increase in Indonesia. Child perpetrators in narcotics abuse are often in a dilemmatic position between perpetrators and victims. This study aims to examine the application of an integrated assessment as a double track system in the formulation of sanctions in an effort to determine the status of the child offender by using two modes of approach, which is the medical approach and the legal approach. Thus, through the assessment of the Integrated Assessment Team, the ideal sanctions can be determined. This study uses a normative-juridical research method that uses secondary data sources in the form of primary and secondary legal materials. The approach used is a statutory approach and a conceptual approach.

Juridicial Review of Diversion Application Against Theft by Children

In juvenile criminal law, children are also involved in criminal acts. Children under 10 are usually not punished, while children aged 10-16 can be punished. However, in the enforcement of punishment for children, it is important to pay attention to their stage of development. The method in this study is normative way. The result showed that is is reflected in Law No. 11 of 2012 concerning the juvenile criminal justice system, where diversion is used as an alternative to settlement outside of Justice. However, in certain cases such a number: 10/Pid.Sus.Child/2020 / Fr. Sgm, diversion is not applied because it only applies to child offenders who first make mistakes. In this case, the offender has committed a repeated criminal offense, so the judge decides to give a criminal sentence.

A Pre-Trial Standard Operation Procedure for Children in Conflict with Sharia Criminal Law in Malaysia

Criminal offences committed by children in Malaysia do not only involve jurisdiction of the Child Act 2001 (Act 611), (Amendment 2016, A1511) but also jurisdiction of the states’ sharia criminal enactments and acts. Children are not exempted from being a perpetrator and contribute to increased rate in statistic of sharia crime throughout states in Malaysia. The social turmoil of humanity such as birth to an illegitimate child, abandoned babies were the impact from sharia criminal conduct of these children. Among factors for statistical increase on sharia crime by child offenders is due to ambiguity in legal provision regarding the position of child offender and pre-trial procedure for related sharia criminal matter. In fact, the flaws in the enforcement and implementation of pre-trial procedural laws against child offender are evident outcome from these legal ambiguities and the absence of a specific guideline in dealing with these perpetrators. Therefore, this paper discusses on justification on the importance to formulate a better and immediate alternative i.e. to establish a standard operating procedure (SOP) specifically for child offender at the pre-trial stage under the sharia criminal jurisdiction for the states in Malaysia. A pure legalistic study methodology of qualitative approach is used to produce this article. Data is gathered through library research and fieldwork study, which includes some semi-structured interviews with religious enforcers from the Department of Federal Territory Islamic Affairs (JAWI) and the Selangor Islamic Religious Department (JAIS) as respondents. The data were then conceptually and descriptively analyzed. This article presents a substantial justification to establish a pre-trial standard operating procedure for children in conflict with the states’ sharia criminal law in Malaysia.

Diversion as a Form of Restorative Justice for Child Offenders in Indonesia: a Study on the Implementation of Social Research Recommendations

Objective: This research wants to examine whether community research is taken into consideration in carrying out Diversion in the stages of the juvenile justice system. Even though it is a recommendation in nature, meaning that it may be considered, Community Research is the initial foundation for knowing the condition of child offenders who conflict with the Law. Theoretical framework: This research is certainly different from the 3 studies above; although it is related to restorative justice and Diversion in juvenile justice, it has a different study focus, which is related to the results of community research conducted by Correctional Centers that produce recommendations: Diversion or not a diversion. This is mainly related to the basis of Diversion, namely recommendations from Community Research on cases of children in conflict with the Law. Methodology: The method used is normative legal research and qualitative data analysis. The approach used is an inventory of laws relating to restorative justice contained in the stages of handling child cases by the justice sub-system, namely the police, prosecutors and courts. Vertical horizontal synchronization is used to see harmony between existing regulations, especially with regard to social research in diversion decisions. Then the legal principles approach is used to examine the principles contained in restorative justice whether they are in accordance with the principles contained in existing regulations for handling cases of children in conflict with the law. Results and conclusion: The study results found that community research recommendations were considered in proposing Diversion at the Police, prosecutor's, and court stages. It is just that the results of social research are sometimes hindered by the diversion requirement relating to a 7-year sentence, so the results of the study of the condition of the offender's child still produce recommendations for non-diversion. However, depending on the policy in the judge's decision, conditional or supervisory punishment can be recommended. Originality/value: This paper examines how social research recommendations are considered in implementing Diversion in the judicial stages as an embodiment of restorative justice.

Pandangan Hak Asasi Manusia Terhadap Anak Sebagai Pelaku Tindak Pidana: Tinjauan Viktimologi

Children as perpetrators of criminal acts are often the subject of debate and special attention in the criminal justice system, in victimology studying the causes of victims and the consequences caused, victimology also helps us better understand the experiences and needs of crime victims, which in turn can help in improving the criminal justice system and providing better support to those who have become victims of crime. This type of research is socioyuridical with a non-doctrinal approach, which views law as a socio-empirical symptom. not only examines the normative aspects, but also the law as it is in reality. The approach method used is a normative juridical approach. analytical juridical descriptive research, with data sources of primary, secondary and tertiary legal materials, as well as those supported by primary data, and analyzed qualitatively juridical social environment greatly affects the development and growth of children. mass media can also have a bad impact on children if not given supervision. Another factor that needs special attention in the problem of criminal acts committed by child offenders is family factors. The role of the family as a factor in the causation of children's criminal acts is undeniable. Children involved in criminal offenses experience psychological and social impacts depending on various factors, namely the type of crime, the social environment and the criminal justice system.

The Interpretation of Age of Criminal Responsibility for Juvenile Offenders from the Perspectives of Islamic Jurisprudence (Fiqh) and Malaysian Law

Criminal offences still exist in Malaysia, whether minor or severe, including offences under Sharia law such as khalwat (close proximity) and civil offenses like causing harm to others. The issue of crime becomes even more concerning for society when it involves offenders among children. Therefore, the provisions for punishment of these offenses constitute one of the government's efforts to reduce the crime rate. Consequently, the minimum age of criminal responsibility needs to be thoroughly examined to ensure the well-being of these juvenile offenders is preserved in accordance with the age limits stipulated by the United Nations. In addition to reviewing the age limit of juvenile offenders from the perspective of Malaysian law, the determination of age limits from the standpoint of Islamic Sharia law (fiqh) is also examined. To this end, a qualitative method using documentary analysis will be employed. Data analysis will be conducted descriptively and thematically. The study's findings indicate various opinions regarding determining the age limit for child offenders. Inconsistencies in this age limit occur between Sharia and civil courts in Malaysia. Differences in assessing the age of children can also be observed when compared with fiqh provisions, namely the views of the four primary schools of thought. Therefore, it is crucial to ensure that the age limit for children, which lacks harmonisation, does not lead to any injustice within the legal framework.

Legal Protection of Child Offenders in the Juvenile Criminal Justice System Perspective in Indonesia

Children are regarded as assets of a nation and play a vital role as the successors of a country, being part of the younger generation. However, when a child comes into contact with the criminal justice system as an offender, the state is obligated to enforce special legal provisions for child offenders through law enforcement agencies in Indonesia. To ensure the rehabilitation and protection of these children, comprehensive support, both in terms of institutional and legal frameworks, is required. Therefore, a specialized juvenile court is necessary for children who have committed criminal acts. In Indonesia, several regulations already exist to protect, promote the well-being of, and uphold children's rights. In the effort to protect children, "Law Number 4 of 1979 on Child Welfare" should have served as a reference for policymaking in child protection. Indonesia enacted Law Number 3 of 1997 concerning Child Justice and Law Number 23 of 2002 concerning Child Protection. The issue that can be analyzed is how the protection of children who have committed criminal acts is carried out within the framework of the juvenile justice system. This research uses a normative legal approach.

Analisis Yuridis Putusan Pengadilan Negeri Padang Pariaman Nomor 18/Pid.Sus-Anak/2018/Pn Pmn Tentang Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Kekerasan Seksual

Sexual violence in Indonesia has increased every year, both for children, adolescents, and adults. So legal protection is needed in the form of providing guarantees for security, tranquility, welfare, peace as a form of legal certainty for children to avoid sexual violence. The purpose of this study is to find out and analyze the decision of the Padang Pariaman District Court Number 18/pid.sus-anak/2018/pn pmn regarding legal protection for children as victims of sexual violence. More about the legal topic of juridical analysis of the decision of the Padang Pariaman District Court Number 18/pid.sus-anak/2018/pn pmn regarding legal protection of children as victims of criminal acts of sexual violence. This research method uses a normative juridical method with a case approach. The results of this study indicate that the author does not agree with the judge's consideration in imposing a sentence on the defendant because he did not pay attention to Law Number 35 of 2014 concerning Child Protection, which states that the minimum sentence is 5 years for perpetrators, while (one half) for child offenders in the Act. – Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. So that if sentenced to 1 year 4 months on the perpetrator is considered unfair to the victim. The analysis of legal materials used is deductive reasoning analysis, namely the preparation using a hypothesis or temporary answer. Meanwhile, this study applies a general to specific pattern.

Critical Analyse of the Exceptions in Resorting to Restorative Justice When Children Come into Conflict with the Law

As the child justice system continues to evolve and the development of Children’s rights, there is a growing recognition of the need to address child offenders differently from adult offenders. Restorative justice has emerged as a promising approach to address the unique needs and circumstances of juvenile offenders, aiming to rehabilitate rather than solely punish. However, this research delves into the limitations and exceptions that may hinder the application of restorative justice in cases involving child offenders. The primary objective is to analyse the factors that influence the decision to deviate from restorative justice principles in children cases, which includes the severity of the offense; the age, maturity and attitude for guilty of the child; the times of committing offences of the child; the victim's perspective, and legal frameworks. By exploring these exceptions, the study aims to provide insights into the challenges and complexities that arise when applying restorative justice in child justice systems. Furthermore, the research employs a qualitative approach, involving a thorough review of legal provisions, case studies, and relevant literature to critically analyse the nuances of exceptions in restorative justice for children in conflict with the law. The findings contribute to the ongoing discourse surrounding the appropriate and effective use of restorative justice in juvenile cases, shedding light on when and why exceptions may be necessary. Ultimately, this paper serves as a valuable resource for policymakers, law enforcement officers, and researchers in the field of juvenile justice, offering a deeper understanding of the complexities inherent in implementing restorative justice in the child justice system.

Model Countermeasures Children which Commit Crimes in Review Restorative Justice

This study describes the model settlement of cases through non-penal channels for crimes committed by children according to Act 11 of 2012 concerning the Juvenile Criminal Justice System with prioritizing restorative justice so that children who commit crimes are not stigmatized negatively. The Juvenile Criminal Justice System concept has included solving problems in a family manner or for children in conflict with the law, formally known as diversion. Diversion exists to divert the settlement of child cases from the criminal justice process to processes outside criminal justice. Diversion exists to prevent children who conflict with the law from the negative impacts of the criminal justice process on children. United Nations Standard Minimum Rules for the Administration of Juvenile (The Beijing Rules) have provided guidelines to prevent children in conflict with the law from negative impacts, namely by giving law enforcers the authority to take action in handling or resolving the problems the child offenders by not taking courts, among others stopping or not continuing or releasing or returning or handing over to society and other forms of social service activities.How to cite item: Kaimuddin, Arfan, and Hisbul Luthfi Ashsyarofi. “Model Countermeasures Children Who Commit Crimes in Review Restorative Justice.” Jurnal Cakrawala Hukum 14 no. 2(2023): 134-145. DOI: 10.26905/v14i2.10783.

KESESUAIAN PERTIMBANGAN HAKIM DALAM PUTUSAN NOMOR 1/Pid.Sus-Anak2022/PN BYL DENGAN UU SPPA

<p><em>This writing analyzes the suitability of the judge's considerations in imposing a prison sentence of two years and three months of job training for children with Article 71 paragraph (3) and Article 79 of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System. In Decision Number 1/Pid.Sus-Anak/2022/PN Byl it is known that there has been a criminal act of sexual intercourse with a child, which was committed by a child. Child offenders are subject to Article 81 paragraph (2) of Law Number 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law Number 1 of 2016 regarding the second amendment to Law Number 23 of 2002 concerning Child Protection. The Child Protection Act can be applied to anyone, regardless of whether the offender is an adult or a child. So to protect child perpetrators, the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System is enacted. The purpose of this writing is to find out whether the judge's considerations in Decision Number 1/Pid.Sus-Anak/2022/PN Byl are in accordance with the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System. As a result, the judge in his considerations before making a decision had considered Article 71 paragraph (3) of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System.</em></p><p> <em>Keywords: <a href="/verstek/article/view/73217">Consideration; Intercourse; Child</a></em></p>

PENJATUHAN PIDANA PENJARA TERHADAP TERDAKWA ANAK DALAM PERKARA PENCABULAN (STUDI PUTUSAN NOMOR 6/PID.SUS-ANAK/2022/PN WNG)

<em>This study aims to determine the appropriateness of the judge's considerations in imposing prison sentences on child defendants in cases of obscenity in the Wonogiri District Court Decision Number 6/Pid.Sus-Anak/2022/PN Wng with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research methodology uses normative legal research and a case approach technique, as well as library research legal material collection techniques to obtain laws related to the problem under study. The results of this study are that imprisonment can only be imposed on children for a maximum of 1/2 (one half) of the sentence for adults. In addition, the provisions of Article 82 Paragraph (4) of Law Number 17 of 2016 concerning Child Protection with an additional sentence of 1/3 (one third) of the criminal threat cannot be applied. To children, even though the child's actions have been proven to fulfill the elements of the paragraph, the additional punishment is excluded for child offenders.</em><p><em>Keywords: <a href="/verstek/article/view/72236">Child; Obscenity; Prison; Judge's Decision</a></em></p>

Legal Protection of Children as Perpetrators of Criminal Acts through Diversion and Restorative Justice

Differences in the handling of child offenders have specifically been regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which not only regulates children as perpetrators but also children as victims and children as witnesses, or can be called children in conflict with the law, and in Article 1 number 1 it is stated that the Juvenile Criminal Justice System is the entire process of completing cases for children in conflict with the law from the investigation stage to the guidance stage after the child has served the sentence. 2 Then, the Law basically regulates the implementation of the criminal justice system for children which prioritizes the special rights of a child to stay away and avoid the judicial process so that there is no bad stigmatization of children, especially children as perpetrators of a criminal act so that the child can return to socialize as usual reasonably in the environment where he lives.