Juvenile Criminal Justice System Research Articles

The Value of Restitution and Diversion in the Law Enforcement of Criminal Sexual Violence Against Children

The process of shifting the criminal justice system's case resolution process for offenses involving minor sexual assault to an outside location is known as diversion. One kind of diversion is returning money to victims of child sexual abuse; nevertheless, diversion and restitution are typically used less frequently in the criminal justice system. For this study, the following question was posed: Does law enforcement adhere to the juvenile criminal justice system when it comes to enforcing diversion and providing compensation for offenses involving sexual abuse of children? The study's technique is juridical-normative and follows the law. The study's findings show that law enforcement officers at all levels still stray from advised procedures even in the face of attempts to implement diversion within the criminal justice system. In order to make diversion mandatory during police investigations, public prosecutors' prosecutions, and judicial panel trials, rules and regulations that offer legal certainty are required.

Reorientasi Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Narkotika

This study aims to review the legal aspects or legal reorientation towards children who are determined as perpetrators of narcotics crimes in Indonesia. This research is very important to be carried out conceptually to be able to provide measurable firm sanctions in accordance with the provisions of the Law on Narcotics and the Law on the Juvenile Criminal Justice System. This research is a normative juridical research using primary legal materials and secondary legal materials. The results of the study found that re-orientation of the legal aspects of children as perpetrators of narcotics crimes is very important to do because there is ambiguity related to the process of punishing children as drug offenders. First, the use of the Law on Narcotics as a basic object is still borne by the perpetrator in accordance with the stipulated articles, evidence that results in criminal sanctions according to the provisions. Second, for minors, the defense is still carried out in accordance with the Law on the Juvenile Criminal Justice System, where there is a reduction in sanctions that take into account the mental and physical condition of the child. When the verdict has been determined, the offender must be placed in a special correctional institution for children and given the right to medical rehabilitation and social rehabilitation because they consider the child's future. Third, the rehabilitation aspect can be prioritized as is the case when children are only designated as victims, or there is no evidence against them as the main perpetrators of Narcotics.

Implementasi Diversi terhadap Anak yang Berkonflik

The protection and welfare of children in the criminal justice system is the main focus of efforts to find alternative solutions that do not involve children in formal legal processes, such as imprisonment, which can have a negative impact on their development. Law No. 11/2012 on Juvenile Criminal Justice System (SPPA Law) implements the concept of restorative justice through a diversion system. This study aims to understand the regulation of diversion under the SPPA Law and how it is implemented in the Batam District Court in handling children involved in legal problems. The research method used is empirical juridical. The implementation of diversion in Batam District Court aims to achieve restorative justice which emphasizes on recovery, providing opportunities, and children's awareness of their mistakes. The goal is to ensure children's growth and development rights are guaranteed by law. Although the implementation of diversion in Batam District Court is in accordance with the provisions of the SPPA Law, there are obstacles that make it less effective. From 2019 to 2022, 18 cases were eligible for diversion, but only 4 cases were successfully resolved using this method, while 14 other cases failed due to various obstacles and constraints accompanying its implementation.

Anak Mengalami Kebutaan Akibat Kekerasan Fisik: Apa Hukumnya?

Cases of physical violence committed by minors continue to occur and increase in Indonesia. One of them was a case of physical violence that befell an elementary school student in Gresik which resulted in permanent blindness due to a meatball stab attack by her senior in one eye. This research is intended to find out about legal protection for minor victims who experience physical violence and how the law in Indonesia regulates the justice of minors who commit criminal acts. By using normative juridical research methods and using secondary data in the form of articles, published news and previous research and using positive law in Indonesia, namely, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. It is hoped that this research will provide comprehensive insight regarding law enforcement efforts and the protection of minors in Indonesia.

Efektivitas Diversi dalam Penyelesaian Tindak Pidana di Kepolisian Resor Kota Banyumas

This research aims to determine, understand, and analyze elaboratively the effectiveness of implementing diversion and inhibiting factors faced by the police in resolving criminal acts that occur in the jurisdiction of the Banyumas City Police Department. The research method used in this paper is qualitative research with a sociological juridical approach, with analytical descriptive research specifications. The location of this research is at the Banyumas City Police Department. The types and sources of data in this research include primary data and secondary data. Primaries data were obtained through interviews and secondaries data were obtained through literature study which was described narratively and systematically. Based on the research results, it was concluded that the implemention of diversion in resolving criminal acts at the Banyumas City Police Department jurisdiction had been effective in cases that met the material and formal requirements as determined in statutory regulations such as Law Number 11 of 2012 concerning Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling Childen Who Are Not Yet 12 (twelve) Years Old, as well as Police Regulation Number 8 of 2021 concerning Handling Criminal Offenses based on Restorative Justice. Then, regarding the inhibiting factors faced by the police in implementing diversion at the investigation level, they consist of: Legal structure factors, namely the lack of understanding by internal resources, especially police officers at the lowest level (Polsek) regarding the mechanisms and rules for resolving criminal cases through diversion, Legal substance factors, namely the absence of internal police regulations that specifically regulate technical and administrative instructions for investigations (Standard Operational Procedures) relating to the implementation of diversion at the investigative level, (3) Legal culture factors, namely the community at generally, there is still a paradigm that the concept of justice for perpetrators of criminal acts is punishment or criminal imposition which focuses on the aspect of retaliation.

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

PENERAPAN SANKSI PIDANA TERHADAP ANAK SEBAGAI PERANTARA JUAL BELI NARKOTIKA BERDASARKAN UU NO 35 TAHUN 2009 (STUDI PUTUSAN 05/PID.SUS-ANAK/2015)

ABSTRACT
 The methodology approach used in this study is normative legal analysis. Legal provisions for safeguarding children's rights throughout the judicial proceedings are applied from the investigative stage, inquiry, prosecution, court examination, to the execution of court judgments. Throughout the legal process, the protection of children's rights must adhere to the relevant legal regulations and, consequently, should be consistently executed by the parties participating in addressing juvenile delinquency issues, as stipulated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System.

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.

Legal Protection of Children of Narcotics Abusers with A Restorative Justice Approach

This thesis examines the involvement of children in narcotics crimes. This research aims to examine the suboptimal implementation of the Restorative Justice process for children who are perpetrators of narcotics crimes. The effectiveness of prison sentences for children who abuse narcotics is weakened when the responsibility for their rehabilitation is not borne by law enforcement officials. The problems in this research include two main questions regarding what existing regulations relate to legal protection for children involved in drug abuse and how the application of Restorative Justice methods can improve legal protection for children involved in drug abuse. The research methodology used in this research is normative juridical, with qualitative descriptive data analysis techniques. Research findings show that legal protection for children involved in drug abuse in Indonesia is realized through the implementation of the Juvenile Criminal Justice System Law, the Narcotics Law, and the Child Protection Law. Problem solving for minors involved in drug abuse must be based on the principles of restorative justice, which emphasizes restoration of their original condition, and not imprisonment as a form of retaliation. From the perspective that the incorporation of a restorative justice framework must become an integral part of the criminal justice system, it is important to consider the restorative approach as a new paradigm that offers greater effectiveness compared to the punitive strategies used in dealing with cases of child drug abusers.

Restorative Justice for Children in Conflict with the Law in Narcotics Cases

The aim of this study is to examine the implementation of restorative justice for juveniles involved in narcotics cases within the context of law enforcement. The research adopts a normative legal approach with a descriptive nature, focusing specifically on the analysis of the ambiguity within Article 82 of Law Number 11 of 2012 regarding the Juvenile Criminal Justice System. Both statutory and conceptual approaches are employed in this legal inquiry. The findings reveal that efforts to address narcotics-related offenses among juveniles are pursued through a combination of non-penal and penal policies. Non-penal measures involve preventive and repressive strategies, including counseling, awareness campaigns, distribution of informative materials such as pamphlets and billboards, engagement with traditional and religious leaders, and community guidance. In conclusion, this research underscores the necessity of integrating restorative justice principles into the handling of juvenile offenders involved in narcotics cases. It emphasizes the importance of a multifaceted approach that encompasses both preventive and punitive measures within the legal framework.

Criminal Policy in Resolving Cases of Theft by Children

Children are an inseparable part of the survival of human life and the sustainability of a nation and state. In substance, the form of legal protection for children in conflict with the law must be prioritized by law enforcement officials. One form of protection contained in positive law is contained in the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, using a diversionary settlement. In this study, there are several problems, among others, in the form of settlement of the crime of theft committed by children according to positive law. As well as obstacles in the process of resolving the diversion of the crime of theft committed by children according to positive law. This research is a type of normative juridical research. Meanwhile, the approach used in this research is the Legislative Approach and the Conceptual Approach

PROSES PENYIDIKAN ANAK PELAKU TINDAK PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN BERDASARKAN UU NO.11 TAHUN 2012

The important role of kids as part of defending the life of the nation and state requires the government's awareness to guarantee the right to life of every child. Children need to be protected against all conditions and circumstances, including Juvenile Criminal Justice which they are not familiar with. The difference between the Juvenile Criminal Justice system and adult justice requires certain requirements for law enforcers within it. Juvenile justice involves direct or indirect investigators, child public prosecutors, and juvenile judges in court proceedings. The handling of cases of children who commit criminal acts is regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The results of this study are (1) The process of investigating children who are perpetrators of abuse resulting in death according to Law Number 11 of 2012 at the Tangerang City Police; (2) There are obstacles in the process of investigating children as perpetrators of abuse resulting in death at the Tangerang City Police.

Child Drug Abuse: Factors, Judicial Process, and Legal Protection

Drug abuse among children is a serious issue that requires special attention. This article discusses the factors that influence children from engaging in drug abuse, the judicial proceedings against them, and the legal protections provided. The research method used is a normative legal research method with a qualitative approach. The results showed that peer factors, personality, psychiatric conditions, family, and the availability of narcotics in the market play an important role in narcotics abuse. The juvenile justice process for drug abusers goes through several stages, including investigation, prosecution, trial, and formation at the Special Child Development Institute. Legal protection for children is regulated in the Child Protection Law and the Juvenile Criminal Justice System Law. The adverse effects of the formal criminal justice process are also discussed, including trauma, stigma, and exclusion from school. Diversion programs are an important alternative to protect children from the negative consequences of the formal criminal justice process.

HANDLING CRIMINAL ACTIONS COMMITTED BY CHILDREN THROUGH A RESTORATIVE JUSTICE APPROACH

Introduction: A child in conflict with the law or as a child in conflict with the law is someone aged 12 to 18 who is suspected of committing a crime. Objective: This research aims (1) to determine and analyze the handling of criminal acts committed by children using a restorative justice approach. (2) factors that influence the handling of criminal acts committed by children using a restorative justice approach. Method: The research method uses empirical legal research type. This research will be carried out in Makassar City, namely at the Women's and Children's Services Unit of the South Sulawesi Regional Police. The type of data that comes from different sources is primary data, namely data that comes from the main data source in the form of interviews with informants from South Sulawesi Regional Police PPA Unit investigators and children of criminal perpetrators and their families. Result: The research results show that handling criminal acts committed by children is carried out based on restorative justice at the South Sulawesi Regional Police as regulated in Law No. 11 of 2012, still encountering several obstacles. Conclution: Handling criminal acts committed by children through a restorative justice approach is carried out by investigating officers at the PPA Unit of the South Sulawesi Regional Police based on Law no. 11 of 2012 concerning the Juvenile Criminal Justice System.

DIVERSION IN THE SETTLEMENT OF THE CRIMINAL ACT OF DISPOSAL OF INFANTS

<span lang="EN-US">The rise of promiscuity among children, resulted in children getting pregnant out of wedlock and then giving birth. Not mentally strong and afraid of not being able to support the child born, have the heart to throw away the baby. This act is a criminal offense of child neglect. Perpetrators of child neglect who are under 18 years old are of course handled differently from adults. Children who face the law will go through the Juvenile Criminal Justice System (SPPA), where the process must go through diversion, then What is the form of diversion in solving the crime of child neglect. This research method uses empirical juridical, where the actions committed by the perpetrators (parents) of the disposal of babies under 18 years old, are not under the Child Protection Law, so they must account for it and the settlement must be used diversion as a form of protection for living babies. This study intends to find out how the reasons for babies being dumped as well as what sanctions will be imposed and the form of diversion carried out by the police. The results of this study show that child criminals throwing away their babies have violated Article 78 B of Law No. 35 of 2014 concerning Amendments to Law No. 11 of 2012 concerning Child Protection, and can be subject to sanctions for babies who are discarded as victims taken over their authority by the police because the perpetrators. The perpetrator is married off and is required to take care of the discarded baby until adulthood. then it has violated the Article... Law on Child Protection. The perpetrator is still a child and the child born also needs protection and care, so the solution to the case is through diversion by bringing together the perpetrator's parents, community, and religious leaders. and mediated by the police. The two perpetrators, namely the parents of the baby who were discarded, were married to the two, and then they were both released from prison and only subject to mandatory reporting.</span>

Pemenuhan Hak Pendidikan pada Anak Binaan di LPKA Blitar pada Masa Pandemi COVID-19

This article intended to discover and analyze the fulfillment of the educational rights of assisted children at LKPA Blitar during the COVID-19 pandemic and the obstacles to fulfilling the educational rights of assisted children at LKPA Blitar during the COVID-19 pandemic. Two significant findings can be elaborated from the research. Firstly, the educational rights of children at LPKA Class I Blitar during the Covid-19 pandemic have been fulfilled and have been implemented by LPKA Class I Blitar by existing provisions, namely Law no. 23 of 2002 concerning Child Protection, Law no. 11 of 2012 concerning the Juvenile Criminal Justice System and Law no. 20 of 2003 concerning the National Education System. Secondly, there are several obstacles in implementing education for students at LPKA Class I Blitar during the COVID-19 pandemic related to several problems. The limited educational and coaching facilities, the level of education and motivation of correctional students, and factors changing the methods used in the learning process hindered the successful fulfillment of educational rights to the children.

Decriminalization and Technology Integration in Juvenile Justice

This normative juridical research, utilizing statutory and conceptual approaches, aims to explore future policy models for the legal protection of children within the juvenile criminal justice system in Indonesia. Acknowledging various challenges in the current system, the study emphasizes the necessity of reforming policies to ensure legal certainty and justice for minors in conflict with the law. The proposed model advocates for a 'pure decriminalization' approach, which involves removing the punishable nature of certain criminal elements committed by juvenile legal subjects. This model is complemented by a protection policy that underscores preventative measures to decrease the involvement of children in the criminal justice system. A significant emphasis is placed on integrating technology into the system to enhance efficiency and security, thereby safeguarding children's rights more effectively. Additionally, the research highlights the need for increased inter-agency and cross-sectoral cooperation within the legal structure (police, prosecutors, and courts) to create a more coordinated and holistic approach in addressing juvenile justice issues. The findings suggest that these strategic efforts can contribute significantly to the improvement of procedural law applications for children, ensuring their human rights are not violated in future legal encounters.Highlights:
 
 Pure Decriminalization Model: Emphasizes removing the punitive aspects for certain juvenile offenses, focusing on rehabilitation over punishment.
 Technological Advancements: Integration of technology in the juvenile justice system to enhance efficiency, security, and protection of children's rights.
 Enhanced Inter-agency Collaboration: Advocates for improved cooperation between legal entities for a holistic and coordinated approach to juvenile justice issues.
 
 Keywords: Juvenile Justice, Decriminalization, Legal Protection, Technology Integration, Inter-agency Cooperation

PENERAPAN ASAS DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK TERHADAP ANAK-ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN

ABSTRACT
 Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the future of the child is prioritized as the next generation and considering that psychologically children are still not worthy of dealing with the law.
 Keywords: Diversion, Juvenile Criminal Justice System, Theft.

Child Crime As Perpetrators Of Immoral Crimes

This research delves into the criminal responsibility of children engaged in moral crimes, specifically focusing on decency crimes like rape within the framework of Indonesia's legal system, as outlined in "Law Number 11 of 2012 concerning the Juvenile Criminal Justice System." Employing a normative juridical approach, the study analyzes legal statutes and cases related to such crimes, revealing a discrepancy between existing laws and their implementation. Instances of lenient sentencing, such as a six-month term for a severe crime, underscore the need for a closer examination of the diversion approach to reduce decency crimes by children. The research explores the concept of effective punishment within the unique context of juvenile offenders, advocating for the Juvenile Criminal Justice System's role in social rehabilitation through institutions like the Special Child Development Institute. Despite legislative efforts, inconsistencies persist, highlighting the necessity for a more stringent application of legal rules and a commitment to children's rights during the criminal justice process. Ultimately, the study emphasizes the importance of aligning punishment with juvenile characteristics, urging a shift towards comprehensive measures that promote personal growth and responsibility. It underscores the significance of upholding children's rights while addressing societal concerns related to reducing moral crimes committed by children through rigorous legal implementation.

PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TERORISME DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA

Children of terrorism cannot be considered as perpetrators of crimes, but victims of crime, victims of terrorism networks, victims of doctrine, exploitation of thoughts, propaganda from parents or adults around them so they must be protected specifically. Children like this should not be imprisoned, but must be educated, given counseling, rehabilitated and social assistance. Judging from the Law on the Juvenile Criminal Justice System, the imposition of death penalty and life imprisonment does not apply to perpetrators of criminal acts of terrorism who are under 18 years of age or who are still classified as children. The state is also obliged to provide special protection for children who commit acts of terrorism. As for the legal arrangements for child perpetrators of terrorism from the perspective of human rights in Indonesia, it is regulated in several national regulations.
 
 Keywords: child of terrorism, human rights