Criminal Child Research Articles

Legal Protection for Child Victims of Crimes According to The Child Criminal Justice System in Indonesia

Children are legal subjects and national assets, but every year, juvenile delinquency always increases. One of the efforts to overcome juvenile delinquency is implementing a juvenile criminal justice system. Law Number 3 of 1997 concerning Juvenile Courts specifically regulates the juvenile criminal justice system in Indonesia. The philosophical paradigm of Law Number 3 of 1997 adopts a formal legal approach with an emphasis on punishment. The process of punishment given through formal criminal justice placing children in Correctional Institutions has not succeeded in deterring them. This study uses a normative legal approach method, examining secondary data collected using literature studies using a legislative and conceptual approach. The formulation of policies for handling children must be carried out using a restorative justice approach, a settlement process carried out outside the criminal justice system by involving victims, perpetrators, families of victims and perpetrators, the community and those interested in a crime that occurs to reach an agreement and resolution. This policy is based on the fact that the response or reaction of perpetrators of juvenile delinquency is ineffective without the cooperation and involvement of victims, perpetrators and the community. Restorative justice-based legal protection for children as victims in handling legal cases requires child judges at the District Court to conduct diversion before examining criminal cases of children, as ordered by the SPPA Law. Diversion must be carried out within 7 days, involving related parties, according to the terms and conditions stipulated in the SPPA Law.

Social Determinants of Wellbeing Children in Need of Care and Protection at Crossroads

Abstract: The Juvenile Justice Act in India in the past two decades been amended several times to make it more child friendly and to preserve the dignity and best interests of the child. There have been notable changes with changes in nomenclature, increased age limits, adding categories and methods of restoration and continuing protections. This study takes up the issue of the children in need of care and protection and attempts to examine the relevance and application of the amended Juvenile Justice legislation in their lives. It focuses on children in need of care and protection for two reasons. Firstly, if they can be taken care of, will it prevent the emergence of children in conflict with law to some extent? Secondly, neglect of the youngest and the most vulnerable population is something that must be addressed urgently. It is an exploratory cum descriptive study that aims to describe and examine the state and nature of the quality of life of children in need of care and protection in four State Government run correctional institutions in two districts of Delhi; West and North. Data was collected through semi-structured interview and observation method along with case studies. While examining in detail the socio-economic backgrounds of the children in institutional care under the Juvenile Justice Act in Delhi, there was an attempt to study the perceptions of the children about the institutional services. It sheds light on the factors that forced these children to leave their families and their entry into the institutions and their experiences outside and within the institutions. An attempt to understand the Juvenile Justice System through the eyes of the institutionalised children now free and on the streets again adds a required dimension to this study, making it relevant all times. It helps to provide a fair picture of what the children on streets and in need, want from the institutions. If institutionalized services are serving their purpose or community based correctional services are a better option? The findings of the study reveal various issues and challenges in the child care institutions while rehabilitating children. Apart from bringing out some additional problems than what have been known so far, it helps in identifying new areas of research in this field – Similar exhaustive studies of juvenile institutions and street children in other States where the amended Juvenile Justice (Care and Protection of Children) Act has been implemented, (ii) Study of the NGO managed institutes under the Juvenile Justice System in the Capital and other states of the country to understand innovative strategies. Secondly, the information generated can be effectively used in future planning for the children. The study advocates for the end of de facto criminalization of street children and by placing the relevant legislation outside the criminal justice system and by transferring, their care and protection to agencies — whether governmental or non-governmental — whose personnel are trained in social work, not correction. Greater emphasis, in particular, must be placed on the rehabilitation and personal development of former street children

Tackling child criminal exploitation (CCE): an arts-based approach

ABSTRACT This article discusses the efficacy of a freely available arts-based intervention used to tackle Child Criminal Exploitation. A digital, interactive story (Cold Chips & Money) was used in school and youth settings in Hampshire, England with 1,451 young people aged 11–13 in 2021 as part of a project of the same name. Its use has continued since. I was and continue to be the Project Lead and oversaw the development of the story, the supporting resources and the evaluation framework. I worked with a project facilitator and evaluator throughout. Cold Chips & Money was designed to help students understand, recognise and manage external influence and pressure. The story and supporting resources which included a lesson plan and access to the project evaluation lead, enable professionals to have conversations with young people about how they can keep themselves safe, as well as how they can support one another to resist unwanted attention that might lead to exploitation. The resources relate directly to the PSHE Association Key Stage 3 Core Theme Relationships: Social Influence section R42–47. The development and use of the resources was planned to complement multi-agency work on Child Criminal Exploitation and County Lines and had input from multiple professionals. Project evaluation evidenced a significant increase in awareness of county lines, and the issues surrounding it. Teachers stated that the interactive storytelling format was effective at and provided the opportunity to facilitate in-depth dialogue around the cause and effect of the decisions we make.

Legal Analysis of Criminal Regulations in Cases Criminal act Child Abuse Under Law Child Protection Act

In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, there is an article that prohibits obscene acts, which is regulated in Article 76E which reads: "Everyone is prohibited from committing violence or threats of violence, coercing, committing tricks, committing a series of lies, or persuading children to commit or allow obscene acts to be committed." Furthermore, Article 76D which reads: "Everyone is prohibited from committing violence or threats of violence to force a child to have intercourse with him or with another person This research was conducted with the aim of finding out how to protect the law for children who are victims of criminal acts of obscenity and how to prove and apply the law to criminal acts of obscenity committed by children. . The research method conducted in this study is a normative juridical research method so that it can be concluded as follows: 1. Child protection is regulated in Law Number 23 of 2002. In addition to Law No. 23 of 2002 concerning Child Protection in protecting victims of child molestation, Law No. 13 of 2006 concerning the Protection of Witnesses and Victims can also protect victims of child abuse and victims of other criminal acts.2. Evidence in the crime of obscenity uses evidence in accordance with the Criminal Code. The valid evidence according to Law No. 8 of 1981 is regulated in Article 184 of the Criminal Procedure Code which consists of witness statements, expert statements, letter of recommendation, and information of the defendant. In the application of the law against child molesters, Article 82 of Law Number 23 of 2002 concerning Child Protection can be applied by using the mechanism and system of child justice, namely Law Number 11 of 2012 concerning the Child Criminal Justice System.

Impact of trauma and placement in residential or congregate care on the criminalisation of children in England/Wales and Australia

Children in residential care have the most complex needs of all children growing up in Out-of-Home care (OOHC), due to complex trauma from pre-care experiences of abuse and neglect, inadequate therapeutic supports while in care and significant placement instability. Some argue that residential care settings are intrinsically criminogenic, as evidenced by significant over-representation of this cohort in youth justice. However, little is known about how children’s experiences of trauma, including removal from family and placement in OOHC, is viewed by lawyers and decision-makers in criminal cases involving children in care. Criminal justice decisions can have long-term ramifications for children in care and custodial sentencing can often be a precursor to ongoing incarceration into adulthood. This qualitative, cross-national study explored the impacts of trauma and placement in residential or congregate care on the criminalisation of children in England/Wales and Australia. In-depth interviews were conducted with 28 legal, youth justice and judicial stakeholders in England, Wales (UK), New South Wales (NSW) and Victoria (Australia). While there are considerable differences in the operation of child protection and youth justice systems between these jurisdictions, thematic analysis using NVivo14 identified. confirmed ongoing systemic factors associated with criminalisation identified in previous literature persists despite attempts to address these through policy and practice reforms. These factors include an absence of therapeutic supports, unstable and unsafe residential care placements, over-reliance on police to respond to minor incidents, increasingly punitive police responses lacking awareness of the impacts of childhood trauma and inappropriate use of custody as an ‘alternative’ placement. These findings suggest the similar systemic processes across these jurisdictions are likely to reflect deeply entrenched ideologies about ‘care’ and ‘protection’ that function to criminalise trauma. The implications of these systemic factors when children are exposed to formal criminal justice decision-making are considered.

Legal Protection of Children as Perpetrators & Victims of Bullying (Analysis of Restorative Justice Application for Minors in North Sumatra Police)

This article is entitled Legal Protection of Children as Perpetrators and Victims of Bullying (Analysis of the Application of Restorative Justice for Minors in the North Sumatra Regional Police). Bullying is a serious problem that has a negative impact on the development of children, both as perpetrators and victims. Legal protection of children in the context of bullying is essential to ensure their rights are protected and to prevent long-term adverse impacts. This research aims to examine the legal protection provided to children as perpetrators and victims of bullying in Indonesia according to the Child Protection Law. The problem formulation of this research: 1. How is the process of criminal bullying of minors in its application in North Sumatra olda? 2. How is the application of the Law on criminal acts of bullying minors according to Law No. 11 of 2012 concerning the Child Criminal Justice System? 3. How is the legal protection of children as perpetrators and victims of bulling effectively implemented? The methodology used is qualitative research involving literature review and analysis of legal documents, including Law No. 35 of 2014 concerning Child Protection, as well as other relevant regulations and policies. In addition, in-depth interviews were conducted with various relevant parties, including law enforcement, educators and child protection experts. The data were thematically analyzed to identify key patterns in the legal protection of children related to bullying.The results showed that the Child Protection Law has provided a strong legal basis to protect children from bullying, both as perpetrators and victims. However, implementation and law enforcement still need to be improved. A holistic approach involving various parties, including families, schools and the government, is needed to create a safe and supportive environment for children. This research recommends increasing legal awareness, training for law enforcers, as well as strengthening the role of educational institutions in preventing and handling bullying.

Evaluation of the Implementation of Diversion and Restorative Justice in the Child Criminal Justice System in Jayapura City

This research aims to analyze the implementation of diversion and restorative justice in the Juvenile Criminal Justice System (SPPA) in Jayapura City. This research uses a sociological juridical approach with qualitative research methods. Data was collected through literature study and field research, including interviews with law enforcement officials and the community. The research results show that the public's understanding of diversion and restorative justice still needs to improve, while law enforcement officials' understanding is quite good. However, community satisfaction with implementing diversion and restorative justice is still low due to several factors, such as a lack of attention to victims, judge decisions that are considered unfair, and criminal sanctions that are considered too light. Apart from that, there are several obstacles in implementing diversion and restorative justice, such as difficulty presenting child witnesses, complicated statements from perpetrators, and limited space for child detention. This research concludes that implementing diversion and restorative justice in Jayapura City is yet to be optimal and needs to be improved through more intensive outreach, increasing the capacity of law enforcement officers, and improving supporting facilities.

Examining the characteristics of children who experience contact with the youth justice system in Queensland: implications for the minimum age of criminal responsibility

ABSTRACT In jurisdictions such as Queensland, where the minimum age of criminal responsibility (i.e., 10 years of age) is out of step with international law and Australian human rights obligations, there are significant concerns about the criminalisation of children. These concerns include the potential for ensnaring young people, particularly First Nations children, into the criminal justice system rather than addressing their underlying needs. We use a birth cohort of individuals registered as born in Queensland in 1990 and followed up to age 24 years to examine the characteristics of young people who experienced their first youth justice system contact between ages 10 and 16 years. First Nations youth were significantly overrepresented among those with the earliest ages of contact (i.e., 10–13 years). Early youth justice contact was largely for minor and less serious forms of offending (i.e., property-related), but those with the earliest ages of onset typically went on to experience more persistent and serious offending outcomes up to age 24 years. Raising the minimum age of criminal responsibility alongside the implementation of culturally relevant early intervention, diversion and support services is likely to significantly reduce the overrepresentation of First Nations people in the criminal justice system.

Studi Perbandingan Hukum Negara Indonesia dengan Negara Filipina Tentang Pengaturan Pertanggung Jawaban Pidana Anak

This research aims to provide a comprehensive analysis of the structure of child criminal liability in Indonesia and the Philippines, as well as to ascertain the specific nature of child criminal liability in both countries. This study is a prescriptive normative legal research. The research methodologies employed include the legal approach, the comparison approach, and the conceptual approach. The legal resources used can be classified into primary and secondary sources. To ensure the acquisition of precise primary and secondary data for this paper, data gathering is conducted through a thorough examination of relevant literature pertaining to the principles and regulations governing the child criminal justice system. This research focuses on comparing the legislation of child criminal culpability in Indonesia and the Philippines. The child criminal justice system is governed by specific legislation. In the State of Indonesia, it is managed by the Child Criminal Justice System Act, while in the Philippines, it is regulated by Republic Act No. 9344, with revisions made by Republic Act No. 10630. In Indonesia, the age at which a kid can be held criminally liable is between 12 and less than 18 years old. In the Philippines, children can be held criminally liable starting at the age of at least 15 years old and up to less than 18 years old. In the Philippines, there is a kind of criminal culpability that results in automatic suspension, removal from position, probation, and the application of vicarious liability for parents. Child criminal culpability in Indonesia is determined based on individual responsibility, as stated in Article 71 of the Child Criminal Justice System Law. This law specifies the application of criminal sanctions. Additionally, Article 82 of the same law outlines the imposition of action punishments.

Identifikasi Simptom Penyebab Perundungan: Upaya Menciptakan Sekolah Ramah Anak

The topic of bullying is never discussed from time to time, the phenomenon of bullying is like an epidemic or a rapidly spreading disease that causes many victims. The phenomenon of bullying is increasingly growing because currently it is a modern era that cannot be separated from technological developments which have positive and negative impacts. Television or social media shows are easier for school-age children to imitate, especially behavior that is considered not good. For example, a fight scene that ends in bullying. Bullying occurs at every school level, from elementary school, middle school, high school to university, both public schools and religious schools and Islamic boarding schools. Bullying is carried out by students, teachers, parents and also school principals with the majority of victims being students. In order to protect and prevent bullying, the government has issued many laws such as the Child Protection Law, the Children's Criminal Justice System Law, the Minister of Education, Culture, Research and Technology Regulations, the Minister of State for Women's Empowerment and Child Protection Regulations, Guidebooks and Programs Anti-bullying from each school and various forms of efforts to anticipate and prevent bullying in schools. In fact, the various regulations issued by the Government have not been able to overcome bullying behavior, which will even increase by 30% in 2023 compared to 2022. This research will complement other research that has been carried out previously, using a different perspective, namely with the concept of sustainability. activities through the PDCA (Plan, Do, Check, Action) system, which requires stakeholders (Government, Teachers, Parents, Students, Law Enforcement and all parties involved) to carry out systematic and holistic prevention efforts, which in every The steps taken must always be reviewed to find out whether the work plan made has succeeded in preventing or not being effective.

Resolution of Case Of Abuse Against Child Offenders (Comparatory Study Between Bali Customary Law And National Law)

In Indonesia, there is one crime that occurs in the environment of children, known as the crime of abuse or often known as bullying. Bullying cases not only require national law but also customary law. In principle, the settlement of cases in customary criminal law with national law, especially in the handling of crimes committed by children, is the same as in national law in resolving cases using restorative justice whose resolution involves the perpetrator, victim, family of the perpetrator/victim and other parties. Related parties to jointly seek a just solution. In customary criminal law, a similar approach is taken by Adat leaders involving perpetrators, victims, families of perpetrators/victims and other related parties to seek Settlement based on Awig-awig, agreed upon and also using the norms prevailing in Adat people. In the process, it is carried out before the case in question is brought to court, while the settlement through restorative justice is carried out with trial proceedings. The sanction in customary crimes will be imposed if the person concerned repeats the same mistake. In this study, the autors uses normative legal research, which focuses on positive legal norms, the Child Criminal Justice System and Costumary law in Bali, especially Klungkung and Tabanan areas.

Approaches for supporting youth dually involved in child protection and youth justice systems: An international policy analysis

The high representation of children involved across both child protection and youth justice systems remains a pressing concern. Contributing factors include unnecessary police intervention for behavioural difficulties in residential care, and deficient systems integration particularly between child protection and youth justice. Policy reforms in the past 15–20 years have aimed to prevent and address this concern across jurisdictions such as Australia, New Zealand, Canada, the United Kingdom, and the United States of America. The study offers an updated review and analysis of these policies, targeting researchers, policymakers, and practitioners in the field. Examination of selected available policies identified four main strategies utilised: joint practice protocols, policies aimed at reducing the criminalisation of children in out-of-home care, crossover court lists, and specialised practice models like the Crossover Youth Practice Model (CYPM). There is promising evidence for some approaches, notably the CYPM, however, most suffer from a lack of implementation and outcomes evaluation, insufficient diversity considerations, and minimal inclusion of lived experience in design and implementation. Findings suggest future policy reforms should prioritise the development of whole-of-government strategies, involve children's perspectives, emphasise prevention, restorative and diversionary responses, multi-agency collaboration, ongoing support for implementation, and rigorous evaluation.

SOCIOLOGICAL ASPECTS OF CONTENT AND CORRECTION OF JUNIOR CONVICTED IN THE IDEAL HERITAGE OF N. M. YADRINTSEV

The purpose of this work involves a systematic reconstruction of the sociological views of the leader of the movement of Siberian regionalists - N. M. Yadrintsev on the problem of the regime of detention and mechanisms for the correction of juvenile delinquents. The relevance of the study is dictated by scientific, academic and practical tasks. Firstly, this fragment of the enlightenment’s ideological heritage has not yet received adequate coverage in literature. Therefore, the results of our work can contribute to the development of the subject area of the history of sociological thought in Russia. Secondly, the study can be useful in developing the doctrinal foundations of modern state penitentiary policy. The work is based on the methodology of the “new social history” and the provisions of the “new intellectual history”, which allows us to consider social phenomena through the prism of the individual, and not the state. Textual analysis of N. M. Yadrintsev’s works on the stated topic was also widely used. In the course of the study, it was established that the Siberian thinker advocated the separation of juvenile prisoners from adult inmates and the establishment of a special regime of detention for this category of forced prisoners. The article notes that when considering the problem of keeping juvenile criminals in isolation from society, the Siberian regionalist recorded the consistent humanization of the criminal punishment itself for children. The authors also show that in the matter of re-education of juvenile convicts, the publicist proposed the speedy introduction of educational supervision for the purpose of moral influence on child criminals. In general, it is concluded that N. M. Yadrintsev developed a rational method of correction, which should be based on examples from social life that give concepts about the mutual connection of people.

Pemenuhan Hak Anak Pidana Pada Lembaga Pembinaan Khusus Anak

Introduction: Protection of children is provided not only by parents but also institutions related to physical and mental development both physically and spiritually. A child who is entered into a Juvenile Correctional Institution is referred to as a criminal child or foster child to get punishment for the actions he has committed, the punishment given is in the form of coaching according to the mandate of the laws and regulations, so that after the criminal or foster child leaves the institution they will no longer commit acts that breaking the law.Purposes of the Research: This study aims to analyze and discuss the fulfillment of the nature of the rights of criminal children and to analyze and discuss the implementation of the rights of criminal children in Ambon Class II Special Development Institutions.Methods of the Research: The type of research used is empirical research. The approach used is legislation, field approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through interviews and literature studies. Legal material is qualitativeResults of the Research: The implementation of the rights of criminal children at the Ambon Class II Special Child Development Institution has rights that have been fulfilled and there are rights that have not been fulfilled. The staff of the Ambon Class II Special Child Development Institution are still working on children's rights that have not been fulfilled at the Ambon Class II Special Child Development Institution. The rights of criminal children that have been fulfilled at the Class II Ambon Development Institution, namely: 1) There are facilities for spiritual activities in accordance with religion and beliefs; 2). Correctional students get study rooms, package A, B, C exams, modules and also supporting facilities in the form of computers; 3). criminal children get a reduced sentence through remission, but these provisions must be in accordance with statutory regulations; 4). students get enough food intake; 5). students get visits from family, legal advisers or the community.

Implementation of Legal Protection of Children from Violence through Child Protection Institutions in North Sumatra

This research is a legal research related to the implementation of the North Sumatra Child Protection Agency (LPA) in preventing violence against children in North Sumatra Province. This research was conducted using a qualitative research model (mode of inquiry) and included as field research (empirical). This research uses a statutory approach, case approach, normative approach, and conceptual approach. The results of the study found that the role of the North Sumatra Child Protection Agency (LPA) towards children as victims of violence in North Sumatra is currently running well, it's just not optimal and still has obstacles both from internal and external. LPA Provisnsi currently gave birth to the Sekampung Child Protection Movement Program (GPAS), as a strategy to protect children's growth and development and prevent delinquency and child abuse from an early age. To the government, it should reconstruct the legal protection of children based on prosperity, through; First, Law Number 11 of 2012 concerning the Child Criminal Justice System Article 55, paragraph (3); related to scheduling children's trials, and Second, Law Number 35 of 2014 concerning Child Protection, Article 88: related to punishment "imprisonment for a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a fine of at least Rp.150,000,000 (one hundred and fifty million rupiah) and a maximum of Rp.5,000,000,000 (five) billion".

Child Criminal Exploitation and the Interactional Emergence of Victim Status

Abstract This article draws on observations and interviews with youth justice practitioners and young people involved in county lines drug dealing to explore the processes by which young people are identified as victims of child criminal exploitation (CCE). The findings reveal that interpersonal interactions between practitioners and young people, specifically young people’s capacity to share information and accept intended acts of care, are vital in producing their status as CCE victims. Yet, a lack of appreciation for young people’s divergent experiences of these interactions can create barriers to their realization. The article concludes by exploring the implications of these processes for contemporary youth justice practice, and by questioning the utility of CCE victim identification as a response to children experiencing harm.

The Post-Ongwen Case Period and the Reconciliation Process in Northern Uganda: Local Communities as a Site of Knowledge

Abstract By providing victims with more space in the Ongwen case, the International Criminal Court (icc) has significantly contributed to the healing of the trauma and community reconciliation in northern Uganda. That said, this court has also raised issues that could affect local efforts to achieve peace, namely the positioning of victims of child soldiers vis-à-vis criminal child soldiers. Drawing on qualitative data collected through focus group discussions with some community members from locations under investigation by the icc, this sociolegal study examines the victims’ narratives about child soldiers and the different ideas of human rights that emerge. Then, it explores how these ideas may shape future transitional justice mechanisms designed in the global sphere. Finally, it discusses the extent to which they may impact the relevance of current justice initiatives. Overall, this paper analyzes the substantive effect of victim participation in the Ongwen case on local peacebuilding initiatives in northern Uganda.

KETERLIBATAN ANAK DALAM TINDAK PIDANA DITINJAU DARI PERSPEKTIF HUKUM PIDANA ANAK DI INDONESIA

Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal act, must be given the rights and protection of children as vulnerable legal subjects as regulated in the applicable laws and regulations. Through a normative legal approach, this research analyzes legal regulations that regulate the rights and protection of children involved in criminal contexts. The aims of this research are firstly to find out the meaning of children in Indonesian laws and regulations, secondly to find the concept of children's criminal law legislation in Indonesia which regulates children's involvement in criminal acts according to a normative approach, and thirdly to find out the procedures for handling cases of involvement. children in juvenile crimes from the perspective of juvenile criminal law in Indonesia through the principles of child human rights and the principles of the best interests of the child. The results of this research are that the handling of cases of child involvement in juvenile crimes from the perspective of juvenile criminal law in Indonesia is by placing more emphasis on the principles of children's human rights and the best principles for the interests of children because although there has been progress, challenges remain, and improvements Continuous harmonization of policies, consistent implementation, and strengthening the rehabilitation system can optimize the protection and development of children involved in the context of juvenile criminal justice.
 Keywords: Child Involvement, Child Crime, Child Criminal Law

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.

Pertimbangan Hakim Pengadilan Negeri Kupang Kelas I A dalam Menjatuhkan Pidana Kepada Anak yang Melakukan Tindak Pidana Pencurian Sepeda Motor

This research examines the considerations of judges at the Kupang District Court Class 1A in sentencing children who commit the crime of motorbike theft. The purpose of this research is to find out the consideration of the Kupang District Court Class 1A judge's decision to impose a crime on a child who stole a motorbike. The research method used is descriptive and normative. The results and discussion show that the judge's considerations in imposing a crime on a child include: (1) Juridical considerations, these considerations are the most essential considerations for the Panel of Judges in proving the defendant's actions. (2) Non-juridical considerations, these considerations are considerations regarding the child's motivation for committing theft, the consequences of the child's actions, the child's personal condition, and the aggravating and mitigating circumstances of the child. (3) Consideration of recommendations from the Center for Corrections, this consideration is a very important consideration and influences the criminal decision that will be handed down to the child. (4) Consider the opinion of parents/guardians, this consideration is a consideration that does not have much influence on the criminal decision that will be handed down.
 Keywords: Criminal Children, Judge's Consideration, Crime of Theft