Juvenile Criminal Justice System Research Articles

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>

ANALISIS YURIDIS PENGATURAN SYARAT PELAKSANAAN DIVERSI PADA TINGKAT PEMERIKSAAN DI PENGADILAN DALAM SISTEM PERADILAN PIDANA INDONESIA

In juvenile criminal justice system, there is the diversion policy as the transfer of juvenile cases from judicial process to outside of judicial process. The requirement regulation for diversion implementation are regulated in SPPA Law. However, about the implementation of diversion at Court, there is PERMA Number 4 of 2014 which regulates the requirement for implementing diversion as contrary with SPPA Law. This research aims to do analysis about disharmonization of norms related to regulation of requirement for implementing diversion between SPPA Law and PERMA Number 4 of 2014, and analysis about implementation of PERMA Number 4 of 2014 against SPPA Law. This research used normative legal research methods with legislative regulations approach and conceptual approach. The legal materials used is primary, secondary and tertiary legal materials obtained through document study techniques, and analyzed using deductive methods. The results of this research show that disharmonization of norms between SPPA Law and PERMA Number 4 of 2014, is because PERMA position is below the Legislative Regulations based on hierarchy of Legislative Regulations, but in case examination process at the District Court, PERMA Number 4 of 2014 still enforced and ignoring the SPPA Law with referring to the Supreme Court Law.

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

Granting Of Criminal Sanctions Against Children Consumpting Narcotics

This research aims to describe the regulation of Narcotics criminal acts according to positive law in Indonesia and those responsible for criminal sanctions against children who use Narcotics according to Law Number 35 of 2009 concerning Narcotics’ This research is normative legal research, descriptive in nature, statutory approach, consisting of primary, secondary and tertiary legal materials. Qualitative analysis is carried out systematically in order to get answers to problems. The results of the study stated that the regulation of narcotics crimes began with Law No. 9 of 1976 which prohibited the manufacture, storage, distribution and use of narcotics. Then Law No. 22 of 1997 with a wider scope, the criminal threat is made worse in the form of the death penalty. Then Law no. 35 of 2009, prohibits possessing, storing, controlling or providing Narcotics and Narcotics Precursors; the act of producing, importing, exporting, or releasing Narcotics and Narcotics precursor; acts in the form of offering to sell, sell, buy, receive, become an intermediary in buying and selling, exchanging, or handing over Narcotics and Narcotics precursors; and acts in the form of bringing, sending, transporting or transiting Narcotics and precursors. Criminal sanctions for children who use Narcotics are regulated in Law No. 3 of 1997 concerning Juvenile Courts and Law No. 35. Children who commit Narcotics crimes can be sentenced under Article 127 of Law No. 35 of 2009 in conjunction with Article 22 of Law No. 3 of 1997 amended to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Prison sentence that can be written off for Narcotics children is no longer than ½ (one half) of the maximum prison sentence for adults.

Enhancing Deterrence for Child Motorbike Riders in Indonesia: A Legal Sanctions Model

Objective: The main objective of this research is to formulate a concept for recommendations for changes in the regulation of criminal sanctions and the concept of compensation responsibility, which can provide a deterrent effect against violations by child motorbike drivers. Method: This research was conducted using a normative legal research method with a statutory approach. Results: This research found disharmony in the concept of children, and there is no regulation of criminal sanctions and responsibility for compensation for parents or families. Child motorbike driver violations provide more significant benefits and profits to parents or families. The contribution of this research can provoke legislators to encourage the participation of parents or families to help prevent child motorbike drivers by regulating the imposition of criminal sanctions and responsibility for compensation, and can immediately harmonize the concept of children in statutory regulations. Conclusions: Criminal sanctions for child motorbike drivers are similar to those for adult drivers. Violations for child and adult motorbike drivers use different criminal justice systems. The difference in the concept of children between Law Number 22 of 2009 regarding Road Traffic and Transportation (RTT) and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (JCJS), results in ambiguity in law enforcement for child motorbike driver violation.

Diversi Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak

Introduction: Children in conflict with the law in the juvenile criminal justice system, the form of settlement is with a restorative justice approach through diversion which is an initial step in the settlement process before proceeding to the next legal process.
 Purposes of the Research: This study aims to analyze and examine the implementation of diversion in handling children in conflict with the law.
 Methods of the Research: The type of research used in this research is empirical. Sources of data include primary data and secondary data. Data collection techniques through interviews and literature study and data analysis using qualitative analysis.
 Results of the Research: The results showed that the implementation of diversion in handling criminal acts committed by children was in accordance with what was mandated by the Juvenile Criminal Justice System Act at the stages of investigation, prosecution and trial. If the settlement of a criminal case committed by a child through diversion is successful in peace between the parties, the report will be revoked because there has been a mutual agreement in the peace made. The settlement process with this diversion did not all run smoothly and succeeded in reaching a peace agreement between the parties. If the diversion process does not result in an amicable agreement or the diversion agreement is not implemented, then the juvenile criminal justice process will proceed to the Court. In the settlement of criminal cases committed by children, there are still obstacles faced by law enforcement officers and litigants and there are still factors that hinder the implementation of diversion.

ANALISIS YURIDIS RESTORATIVE JUSTICE DALAM KEPASTIAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA

Abstract
 Restorative Justice is an approach to justice that focuses on the needs of victims and perpetrators of crime, and involves community participation, rather than implementing the principle of punishing perpetrators accompanied by the judge's considerations. Crimes committed by children are basically inseparable from various life pressures, both economic and social. As a result, quite a few children become perpetrators of crimes or crimes. This research uses a Normative Juridical research method using a statutory approach, a case approach and a conceptual approach. For children's cases, diversion must be carried out in every examination of children's cases from investigation, prosecution to examination at trial, taking into account: the category of crime, the age of the child, the results of social research from the father, the support of the family and community environment. The judge's authority is to examine and decide on children's cases at the first level with a single judge and as a facilitator in diversion. The advice that can be given is that children who commit crimes must still receive protection in the juvenile criminal justice system. One of them is implementing restorative justice using the diversion method, and judges who have the authority to examine and decide on children's cases must be proactive in encouraging restorative justice using the diversion method.
 Keyword : Restorative Justice, Juvenile Crimes, Judge’s Authority, Diversion

THE ACT OF SALE OF A POSTPARTUM CHILD BY THE CHILD’S BIRTH MOTHER

Children are the next generation and determinants of the future of the nation as well as a mirror of life attitudes in the future. Therefore, they need to get the opportunity to grow and develop their physical need, mental and social skill properly. However, sometimes they face serious problem such as getting pregnant out of wedlock when they are 13 years old. The problem occurs because of something undesirable and for that reason they are not ready to become parents. Thus, they commit acts of minor trafficking that are contrary to the provisions of the article 76f juncto Article 83 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Minor trafficking is a crime that violates human rights, whose perpetrators are not only adults but also children and most of them are victims of criminal acts. The minors who commited criminal acts need to be taken seriously and their criminal liability is different from adults. Therefore, the minors who are in conflict with the law still get specifically protection regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.

IMPLEMENTASI PRINSIP KONSEP RESTORATIVE JUSTICE PADA PELAKSANAAN DIVERSI (STUDI KASUS DI D. I. YOGYAKARTA)

The concept of restorative justice is the basis for implementing diversion in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion is presented to prevent children in conflict with the law from the bad excesses of the criminal justice system and return the condition of children, victims and communities to the state they were in before the crime occurred. However, based on data from the Indonesian Child Protection Commission (KPAI), criminal acts committed by children continue to increase every year. This research aims to see whether the concept of restorative justice is achieved or not in the implementation of diversion. The problem studied is whether the implementation of diversion is by the principles of restorative justice seen from the cases studied. If it is not by the principles of restorative justice, are there other alternatives so that the principles of restorative justice are fulfilled? The research used an empirical approach by examining 7 cases of child diversion spread across the Yogyakarta City Police and Sleman Police. Cases were analyzed using 3 principles and 4 values of restorative justice coined by Van Ness and Strong. The results of this research concluded that 5 out of 7 cases did not meet the criteria for the restorative justice concept, the rest did. Other methods are needed that can facilitate the implementation of the principles of restorative justice, namely the approach of the perpetrator's family to the victim's family before implementing diversion, the influence of the victim's parents in the diversion process, and mutually agreed compensation.

Application of diversion in the investigation of criminal acts in the field of traffic against children

The aim of this research is to analyze the application of diversion in restorative justice in the Juvenile Criminal Justice System. The type of research carried out is descriptive research with a normative legal research type related to the application of diversion in restorative justice in the criminal justice system. The results of the research show that the implementation of diversion in restorative justice in the system of implementing diversion for children who are in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children who are in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and their victims or families, but rather a form of punishment for children in conflict with the law in an informal way. The recommendation in this research is that law enforcement officers, in carrying out their duties of investigation, prosecution, examination and determining case decisions at court hearings, should prioritize the application of diversion as an alternative to the application of imprisonment. There needs to be massive outreach regarding diversion to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.

Law Enforcement Against Children as Perpetrators of the Crime of Theft with Violence (Case Study of Medan District Court Decision Number: 77/Pid.Sus-Anak/2023/PN Mdn)

This research explores law enforcement against children as perpetrators of criminal acts of theft with violence through case study analysis of Medan District Court Decision Number: 77/ Pid.Sus – Anak /2023/ PN Mdn. The research method used is a qualitative descriptive research method with the proportion of research using library research. This is used to carry out analysis related to the issue being raised. The application of the law to Bayu Nugroho Karen, a child who is in conflict with the law as a perpetrator of the crime of theft with violence is in accordance with the provisions of the Criminal Procedure Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Where children can be held accountable for their actions and their rights as children who have committed criminal acts guaranteed in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System have been fulfilled in Decision number 77/Pid.Sus-Anak/2023/PN Mdn, dated 31 August 2023.

Penyelesaian Perkara Tindak Pidana Narkotika dengan Pelaku Anak Melalui Pendekatan Restorstive Justice

Perpetrators of narcotics crimes are not only adults, but can also be children. Handling of children who commit narcotics crimes refers to the provisions of Law Number 35 of 2009 concerning Narcotics, however the criminalization process is still based on the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This aims to provide protection for children who are in conflict with the law. This research aims to analyze the resolution of narcotics crime cases by children using a restorative justice approach at the Batang Police Station. The type of research carried out is normative-empirical legal research. The results of the research show that the resolution of narcotics crime cases with child perpetrators at the Batang Police has been carried out in accordance with Perpol Number 8 of 2021, Law Number 35 of 2009, and Law Number 11 of 2012. The position of the concept of restorative justice is seen as standing alone as alternative case resolution, so that solutions to narcotics crimes committed by children can be sought through restorative justice by fulfilling material and formal requirements. While handling narcotics crime cases committed by children, Batang Police Investigators act as facilitators and mediators.

Juridical Review of Court Decision Number 13/Pid.Sus-Anak/2017/PT.Pbr for Criminal Sanctions Against Children who Store and Control Methamphetamine-Type Narcotics

The aim of this study is to analyze and understand the criminal responsibility and safeguarding mechanisms for minors engaged in drug possession and control, as demonstrated by Court Decision Number: 13/Pid.Sus-Anak/2017/PT.Pbr. Normative juridical research methodology is applied, analyzing the interactions between relevant analyses and the relevant laws. The following is the formulation of the research problems: 1) How does the law govern the criminal penalties meted out to minors who use or possess drugs like Methamphetamine-type narcotics? and 2) According to Court Decision Number: 13/Pid.Sus-Anak/2017/PT.Pbr, what are the criminal penalties for kids who own and handle drugs like Methamphetamine-type narcotics? This research concludes, in the framework of the law, that isolating children when there are no other options has detrimental effects, including an ineffective rehabilitation process later on, particularly when the juvenile system and sanction system are applied to the children. The Juvenile Criminal Justice System (SPPA) and its implications, which call for the engagement of law enforcement in the resolution of juvenile cases, require special attention. The five pillars of sincere attempts to shield kids from drug abuse include providing legal protection and supervision for kids.

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 Tenggarong Nomor 29/Pid.Sus-Anak/2017/Pn.Trg Tentang Anak Sebagai Pelaku Tindak Pidana Kekerasan Seksual

Cases of criminal acts involving children are very common. One of them is the case of sexual violence committed by minors. This can happen for various reasons. One of them is the lack of supervision from parents, inadequate access to sexual education for children, and also the lack of control over technological developments in internet use. The purpose of this study was to analyze the decision of the Tenggarong District Court Number 29/Pid.Sus-Anak/2017/Pn .Trg concerning Children as Perpetrators of Sexual Violence is in accordance with Law no. 11 of 2012 concerning the Juvenile Justice System. The benefit of this research is that the author hopes that this research can provide insight as a reference and reference material for the community and academics to increase knowledge in enriching the science of juvenile criminal justice. The research method that the author uses is normative juridical using a case approach. The results of this study explain that the judge's consideration of the actions of child perpetrators is sentenced to 1 year in prison and 6 months of job training. However, this does not take into account Law Number 71 paragraph 3 concerning the Juvenile Criminal Justice System. that children cannot be sentenced to cumulative penalties, namely fines and imprisonment. Fines can only be replaced by job training. The analysis of the legal material used is deductive reasoning analysis, namely the preparation using a hypothesis or temporary answer. Meanwhile, this study applies a general to specific pattern.