CONSTRUCTION OF CHILDREN UNDER 12 YEARS OF AGE IN CONFLICT WITH THE LAW IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime. The purpose of this study was to analyze the construction of the regulation of children under the age of 12 in the Constitution of the Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System. This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the Construction of Regulations for Children under the Age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as Children in Conflict with the Law. There is a need for additional rules or amendments to the provisions of criminal sanctions for children, where criminal sanctions will be given to children aged at least 10 years, where these rules consist of basic criminal sanctions, such as community service or supervision, job training, coaching in institutions. This sanction is carried out by considering the rights of children as perpetrators, children as victims and children as witnesses who are underage, without eliminating the implementation of applicable legal obligations.

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THE REGULATION URGENCY OF CHILDREN UNDER 12 (TWELVE) YEARS OLD IN THE ACT OF JUVENILE JUSTICE SYSTEM IN INDONESIA

International Journal of Advanced Research ◽

10.21474/ijar01/13540 ◽

2021 ◽

Vol 9 (10) ◽

pp. 233-241

Author(s):

Eko Iswahyudi ◽

◽

I. Nyoman Nurjaya ◽

Nurini Aprilianda ◽

Bambang Sugiri ◽

...

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Juvenile Justice System ◽

Criminal Responsibility ◽

Literature Study ◽

Legal Research ◽

Criminal Sanctions ◽

Minimum Age ◽

Age Limit

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime.. The purpose of this study was to determine and analyze the urgency of regulating teenager under the age of 12 in the constitution of Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System as well as children in conflict with the law.This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the urgency of regulating children under the age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as well as children in conflict with the law. Many cases of crime that occur under the age of 12 years. So that special attention is needed regarding the minimum age limit for children who can be given criminal sanctions related to Article 1 letter 3 and Article 21 paragraph 1 of Act Number 11 of 2021 about the Juvenile Criminal Justice System without ignoring the psychological aspects of the child, whether acting as perpetrators, witnesses or victims. The purpose of punishing children is relatively not just to retaliate against people who commit criminal acts but has a useful purpose.

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Exploring childhood, criminal responsibility and the evolving capacities of the child: the age of criminal responsibility in England and Wales

Northern Ireland Legal Quarterly ◽

10.53386/nilq.v67i3.117 ◽

2016 ◽

Vol 67 (3) ◽

pp. 269-282

Author(s):

Raymond Arthur

Keyword(s):

Criminal Justice ◽

Young People ◽

Criminal Justice System ◽

Justice System ◽

Criminal Responsibility ◽

Criminal Liability ◽

England And Wales ◽

Normative Framework ◽

The Law

Currently in England and Wales the law considers that all children below 10 years of age are exempt from criminal liability for their actions as such children are morally not responsible and lacking blameworthiness. This approach to young people in conflict with the law misrepresents the evidence regarding young people who offend and encourages highly contestable judgements about individuality, identity and welfare. I will argue that children have a right to respect for their evolving capacities and that respecting this right would help to redirect the criminal justice system towards a normative framework better equipped to accommodate the realities of childhood and in which the child’s experience of vulnerability and powerlessness is embedded throughout.

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PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW

Cepalo ◽

10.25041/cepalo.v5no2.2362 ◽

2021 ◽

Vol 5 (2) ◽

pp. 107-120

Author(s):

Mashuril Anwar

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Secondary Data ◽

Best Interests ◽

Correctional Institutions ◽

State Budget ◽

Criminal Sanctions ◽

The Law

Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.

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The Imposition of Sanctions that Govern Pancasila for Juvenille Deliquency

International Journal of Recent Technology and Engineering - 2 ◽

10.35940/ijrte.b1063.0982s919 ◽

2019 ◽

Vol 8 (2S9) ◽

pp. 1011-1015

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Criminal Responsibility ◽

Corrective Action ◽

Historical Approach ◽

Criminal Sanctions ◽

Foreign Countries ◽

The Future ◽

Meaning And Purpose

This study aims to look at the imposition of sanctions that govern Pancasila for juvenille deliquency. This study uses a historical approach on the grounds that there are changes and developments in the meaning and purpose of punishment from a view that was originally oriented towards traditional retributive views that saw criminal sanctions as punitive towards a more human or humanist conception of punishment by emphasizing the element of corrective action. crimes, namely children and a comparative juridical approach that is focused on the formulation of alternatives to child criminal sanctions in several KUHPs of foreign countries. The results showed that the strategy of developing sanctions against children who committed crimes had been carried out through the enactment of Law No. 11 of 2012 concerning the Child Criminal Justice System three principles of punishment recognized in UUSPPA, namely the principle of criminal responsibility, the principle of the best interes of the child and the ultimum principle remidium. The three principles of punishment are also the basis of the formation of UUSPPA so that two punitive conditions apply for children in conflict with the law, namely the terms of absolute punishment and the conditions for relative punishment. The imposition of sanctions that affect the Pancasila for children who commit criminal acts in the form of verbal sanctions is considered more humanistic because with children's verbal sanctions avoid negative stigma that can affect the future of the child.

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DIVERSI TINDAK PIDANA NARKOTIKA DALAM SISTEM PERADILAN PIDANA ANAK

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2017.v06.i01.p04 ◽

2017 ◽

Vol 6 (1) ◽

pp. 37

Author(s):

I Made Wiharsa

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Negative Impact ◽

Criminal Punishment ◽

Judicial Process ◽

Criminal Sanctions ◽

The Law ◽

The Impact ◽

Research Type

Diversion of narcotic crime in the criminal justice system for the children. Children in conflict with the law, especially in narcotic cases not specifically regulated in Law Number 35 of 2009 on the Narcotics. During this time the children in conflict with the law that is drafted in the Law Number 11 of 2012 on the Criminal Justice System for The Children. Criminal punishment against with a certain person started because that person has committed a crime. Children in the case of a criminal act of narcotics criminal sanctions will have a negative impact on a child's future. Referring to the criminal justice system for the children are known to attempt a diversion to divert the child's completion of the criminal case of the trial into a non-judicial process. This research with the normative methods research type, which aims to determine the impact of the imposition of criminal sanctions and diversion efforts for children in narcotic crime. Diversi tindak pidana narkotika dalam sistem peradilan pidana anak. Anak yang berkonflik dengan hukum khususnya dalam tindak pidana narkotika belum diatur secara khusus dalam Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika. Selama ini terhadap anak yang berkonflik dengan hukum mengacu pada Undang-Undang Nomor. 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak. Penjatuhan pidana terhadap seseorang bermula karena seseorang tersebut telah melakukan suatu tindak pidana. Anak dalam hal melakukan tindak pidana narkotika yang dijatuhi sanksi pidana akan berdampak buruk pada masa depan anak. Mengacu pada sistem peradilan pidana anak yang dikenal upaya diversi untuk mengalihkan penyelesaian perkara tindak pidana anak dari proses peradilan ke proses non peradilan. Penelitian ini menggunakan metoda penelitian hukum normatif, yang bertujuan untuk dapat mengetahui dampak penjatuhan sanksi pidana dan upaya diversi bagi anak dalam tindak pidana narkotika.

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Akses Keadilan Sebagai Perlindungan Hukum Bagi Perempuan Berhadapan Dengan Hukum Dalam Sistem Peradilan Pidana

Hukum dan Masyarakat Madani ◽

10.26623/humani.v9i1.1445 ◽

2019 ◽

Vol 9 (1) ◽

pp. 72

Author(s):

Ani Triwati

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

The State ◽

Access To Justice ◽

Political Rights ◽

Civil And Political Rights ◽

The Law ◽

The Republic ◽

The Right

<div>Negara mengakomodir hak setiap orang termasuk hak perempuan berhadapan dengan hukum dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Perempuan berhadapan dengan hukum mempunyai hak untuk memperoleh akses keadilan. Sebagai negara yang telah meratifikasi Kovenan Internasional tentang Hak-Hak Sipil dan Politik dengan Undang-Undang Nomor 12 Tahun 2005 tentang Pengesahan International Covenant on Civil and Political Rights, Indonesia berpedoman pada Konvensi tersebut dalam mewujudkan persamaan semua orang di hadapan hukum dan peraturan perundang-undangan, larangan diskriminasi serta menjamin perlindungan yang setara dari diskriminasi, termasuk jenis kelamin atau gender. Selanjutnya, Indonesia sebagai pihak dalam Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan (Convention on the Elimination All of Forms Discrimination Against Women/ CEDAW) mengakui kewajiban negara untuk memastikan bahwa perempuan mempunyai akses keadilan dan bebas dari diskriminasi dalam sistem peradilan (pidana). Dalam upaya memberikan akses keadilan, negara menjabarkan jaminan hak perempuan berhadapan dengan hukum dalam peraturan perundang-undangan. Sistem peradilan pidana merupakan salah satu upaya dalam memberikan akses keadilan sebagai perlindungan bagi perempuan berhadapan dengan hukum melalui perlindungan terhadap hak-hak perempuan selama pemeriksaan dalam setiap tahap peradilan. The rights of every person including rights of women encounter the law are accommodated by the state based on the Constitution of the Republic of Indonesia of 1945. Women’s in law having the right in terms of accessing justice. As a nation that ratify the International Covenant on Civil and Political Rights with Law Number 12 of 2005 regarding the legitimation of the International Covenant on Civil and Political Rights, Indonesia refers to the convention in realizing the equality of all people before laws and regulations, prohibition of discrimination and guarantee the equal protection from any form of discrimination, including gender. Furthermore, Indonesia as a part in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) admit the obligation of the state to ensure that women are capable accessing justice and exempt from discrimination in the criminal justice system. In an effort to provide access to justice, the state elucidates the guarantee of the rights of women’s in the laws within the law regulations. Therefore, The criminal justice system is the one of an effort providing access to justice as well as the protection for women’s in law through the protection of women's rights during investigation at every stage of justice.</div>

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RECONSTRUCTION OF CHILD CRIMINAL SANCTIONS IN PERSPECTIVE OF LAW NUMBER 11 THE YEAR 2012 CONCERNING JUSTICE CHILD CRIMINAL JUSTICE SYSTEM BASED ON JUSTICE VALUES

International Journal of Law, Government and Communication ◽

10.35631/ijlgc.518007 ◽

2020 ◽

Vol 5 (18) ◽

pp. 68-81

Author(s):

Akhmad Munawar ◽

Gunarto Gunarto ◽

Anis Mashdurohatun ◽

Sri Endah Wahyuningsih

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Legal Theory ◽

Research Question ◽

Deterrent Effect ◽

Prison Sentence ◽

Criminal Sanctions ◽

The Third ◽

The Law

Children who are in conflict with the law are seen to need to be given physical and spiritual protection. Bearing in mind, the Court's decision is more likely to impose imprisonment sanctions. The United Nations in several Congresses has criticized imprisonment sanctions, besides having the potential to cause stigmatization in children, it is also ineffective and does not create a deterrent effect. This study aims to examine and to analyze the implementation of Child Criminal sanctions in the perspective of Law Number 11-year 2012 concerning the Child Criminal Justice System, to analyze the factors that influence child criminal sanctions that are not yet fair. The research question is how the reconstruction of child-based criminal sanctions based on justice is. This research is included in non-doctrinal research (empirical). It used three theories, namely the theory of criminal purpose to analyze the first problem, the dignified justice theory to analyze the second problem and progressive legal theory to analyze the third problem. The results found that the implementation of sanctions Crime against a child in conflict with a law imposed by a prison sentence, the Judge in his consideration emphasizes juridical considerations so that the criminal sanctions imposed on the child are not in accordance with teleological theory as the purpose of punishment. Criminal sanctions against children have not brought justice, among others, because several articles in Law Number 11-year 2012 concerning the Child Criminal Justice System still have weaknesses. Reconstruction of Articles that hinder the realization of fair criminal sanctions, namely Article 7 paragraph (2) Article 32 paragraph (2), Article 71 paragraph (1) letter e, Article 79 paragraph (1) and Article 81 paragraph (1) of the Law Number 11 the year 2012 concerning the Child Criminal Justice System.

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The effectiveness of the implementation of diversion on children who conflict with the law at the level of the state court in gorontalo province

Jurnal Hukum Volkgeist ◽

10.35326/volkgeist.v5i1.897 ◽

2020 ◽

Vol 5 (1) ◽

pp. 59-69

Author(s):

Muhammad Rizal Lampatta ◽

Herlina Sulaiman

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

District Court ◽

State Court ◽

Criminal Prosecution ◽

Psychological Condition ◽

Criminal Sanctions ◽

Legal Remedy ◽

The Law

Diversion is a step or legal remedy aimed specifically at children who are in conflict with the law. As perpetrators of criminal acts, children need to be treated differently from adults. This is due to the psychological condition of children who are considered unable to accept criminal sanctions. Even children who have committed criminal acts, Act No. 11 of 2012 on the Criminal Justice System Children continue to provide collateral in the form of diversion efforts so that children avoid criminal prosecution. Diversion is carried out at the police, attorney and court levels. Not all cases of child offenders who enter the PN level can be diversified because there are already rules in the SPPA Law, Perma No. 4 of 2014 and PP. 65 of 2015. Likewise in the implementation of diversion at the District Court level in Gorontalo Province, some were successful and some were not. This study aims to determine the effectiveness of the implementation of diversion to child offenders at court level in Gorontalo Province. As well as to find out the obstacles in the implementation of diversion against child offenders at the District Court level in Gorontalo Province.

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PENINGKATAN PEMAHAMAN JAKSA TERHADAP KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA DI BIDANG PERTAMBANGAN

Prosiding SENAPENMAS ◽

10.24912/psenapenmas.v0i0.15132 ◽

2021 ◽

pp. 991

Author(s):

Ade Adhari ◽

Neysa Tania ◽

Hans Poliman

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Coal Mining ◽

Community Service ◽

Criminal Law ◽

Justice System ◽

Mining Sector ◽

Criminal Sanctions ◽

Service Activity

In the criminal justice system in Indonesia, there are Public Prosecutors who run applications for various types of criminal acts, including crimes in the mineral and coal mining sector. This community service activity is useful for providing understanding to prosecutors about criminal law policies in the mineral and coal mining sector. This activity was carried out boldly by using a virtual zoom meeting. The implementation of this activity involves prosecutors in various prosecutors' offices in Indonesia. Lectures were chosen as a method of implementing community service. The results of this activity indicate that prosecutors gain an increased understanding of how the policy of tackling violations of criminal provisions in the Minerba Law by using the means of criminal sanctions. Dalam sistem peradilan pidana di Indonesia, terdapat Jaksa Penuntut Umum yang menjalankan kewenangan penuntutan terhadap berbagai jenis tindak pidana termasuk di dalamnya tindak pidana di bidang pertambangan mineral dan batubara. Kegiatan pengabdian kepada masyarakat ini berguna untuk memberikan pemahaman kepada para jaksa tentang kebijakan hukum pidana di bidang pertambangan mineral dan batubara. Kegiatan ini dilakukan secara daring dengan menggunakan virtual zoom meeting. Pelaksanaan kegiatan ini melibatkan jaksa di berbagai kejaksanaan di Indonesia. Ceramah dipilih sebagai metode pelaksanaan pengabdian kepada masyarakat. Hasil kegiatan ini menunjukan bahwa para jaksa mendapatkan peningkatan pemahaman terkait dengan bagaimana kebijakan penganggulangan pelanggaran terhadap ketentuan pidana dalam UU Minerba dengan menggunakan sarana sanksi pidana.

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THE RESTORATIVE JUSTICE APPROACH TO THE IMPLEMENTATION OF CHILDREN'S CRIMINAL JUSTICE SYSTEM IN INDONESIA

Jurnal Ilmiah Kajian Keimigrasian ◽

10.52617/jikk.v1i2.32 ◽

2018 ◽

Vol 1 (2) ◽

pp. 189-198

Author(s):

Ali Muhammad

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Restorative Justice ◽

Justice System ◽

Conceptual Approach ◽

Rights Of The Child ◽

The Law ◽

The Republic ◽

The Government

Since the enactment of Law No. 11 of 2012 concerning the Criminal Justice System for Children in Indonesia needs to be sought immediately for Law Enforcement Officials (APH) who do not understand and know about the obligation to adopt a Restorative justice approach in the implementation of the Child Criminal Justice System. The norm that regulates the obligation to approach restorative justice in the handling of Children dealing with the Law (ABH) contained in article 5 paragraph 1 of the Child Criminal Justice System Law and this Law has also adopted the International instrument of the Convention on the Rights of the Child (CRC) ratified by the government of the Republic of Indonesia with a Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are certainly in line with the Constitution 1945 concerning the purpose of the country which was wrong was to realize social justice and promote public welfare. This restorative justice approach certainly has the same spirit as the ideological values of Pancasila, politics, and the Indonesian national socio-culture which prioritizes solutions through deliberation to reach consensus so that this restorative justice approach is also one of legal reforms that elevates the values of local wisdom from the Nation Indonesia. The conceptual approach and the approach to legislation (the statue approach) are the approaches used in this study and maximize the implementation of the implementation of restorative justice in every handling of children facing the law (ABH) at each stage of the investigation, prosecution and trial. research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every Handling of ABH.

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