Perlindungan Hukum Anak Nakal dalam Penjatuhan Sanksi Pidana

Children are an inseparable part of human survival and the survival of the nation and state. Today delinquency and crimes committed by children continues to increase, such as narcotics abuse, robbery, theft and rape, destruction of property and so on. When delinquency committed by children even leads to criminal acts, of course this is very disturbing for the community. The existence of legal protection for naughty children in criminal sanctions is of course very desirable for the best interests of children who are in conflict with the law. The method used in this research is normative legal research or what is also called the term library research by examining document studies using secondary data, namely laws, legal theory, expert opinion and so on. The result of this research is that the process of examining criminal cases against delinquents and starting investigations, arrests, detention, prosecution, trials and placement at the correctional center must pay attention to children's rights, as well as legal protection of delinquents in imposing criminal sanctions where child protection aims to provide guarantees for children in conflict with the law. In this case, special investigators for children, investigations with a family atmosphere, investigators do not use service attributes, duties to carry out diversity, child secrecy and arrest must of course put Restorative Justice, and the fall of criminal sanctions against children must be based on truth, justice and child welfare. So that Law Enforcement Apparatus both the Police as Investigators, Public Prosecutors, and Child Judges with the enactment of Law Number 11 of 2012 concerning the Juvenile Justice System.

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Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.1.3108.195-199 ◽

2021 ◽

Vol 2 (1) ◽

pp. 195-199

Author(s):

Rezky Ayu Saraswati ◽

I Nyoman Sujana ◽

Diah Gayatri Sudibya

Keyword(s):

Law Enforcement ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Legal Protection ◽

Best Interests ◽

District Court ◽

Criminal Sanctions ◽

The Government ◽

The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

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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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PERLINDUNGAN HUKUM BAGI PIHAK-PIHAK YANG BERITIKAD BAIK DALAM PEMBATALAN PERJANJIAN JUAL BELI TANAH DAN BANGUNAN (Studi Kasus Nomor 29/Pdt. G/2014/PN. Wsb)

Jurnal Akta ◽

10.30659/akta.v4i2.1780 ◽

2017 ◽

Vol 4 (2) ◽

pp. 167

Author(s):

KERI SANTOSA ◽

Lathifah Hanim

Keyword(s):

Legal Protection ◽

Secondary Data ◽

Good Faith ◽

Primary Data ◽

Public Prosecutor ◽

The Public ◽

Is Research ◽

Library Research ◽

Empirical Law ◽

The Law

The purpose and this study is to know the Legal Protection for Good-Strong Parties in Cancellation of Sale and Purchase Agreement of Land and Banguan (Study of PN Decision No. 29 / Pdt.6 / 2014 / PN.wsb). This research is empirical law research, that is research based on implementation in effort to get primary data preceded by library research to obtain secondary data. The research was conducted at Notary Office / PPAT, and all data obtained were analyzed quantitatively. Based on the analysis, the authors conclude several things Legal protection against the good-willed (buyer) in the sale and purchase agreement of land and building if the seller cancel the agreement, then for the signature of partial signing by the parties is a must.Judge's Consideration on Legal Protection for Good-Predicted Parties In Cancellation JuaL Purchases Land and Buildings where the Public Prosecutor should be thorough and careful in preparing the indictment, since the indictment is the basis for the judge to impose or not to bring down the defendant faced beforehand the court, in addition, must also have knowledge or knowledge of the law well, not only the law in formal, but also the law materially so as not wrong in determining where the deeds in accordance with the elements that are indicted. As for constraints and solutions Legal Protection Both parties who are intent on canceling Land and Building Sell To know whether the buyer has good intentions or not, then there must be a way of measuring it, that is by finding out the activeness of the buyer, where the buyer is obliged to examine the material facts and the juridical facts of the object of the transaction. If the buyer has been actively researching related to the material facts of the object of the transaction, then he can be considered as a good-faith buyer who gets legal protection, To know whether the buyer is well or not, then there must be a way of measuring it, that is by finding out the liveliness of the buyer where the buyer is obliged to examine the material facts and juridical facts of the object of the transaction. If the buyer has actively examined the material facts related to the object of the transaction, then he may be considered a good-faith buyer who has legal protection Keywords: Legal Protection, Cancellation of Sale and Purchase of Land and Building

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JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

Diponegoro Law Review ◽

10.14710/dilrev.2.1.2017.168-184 ◽

2017 ◽

Vol 2 (1) ◽

pp. 168

Author(s):

Dyah Listyarini

Keyword(s):

Restorative Justice ◽

Juvenile Justice System ◽

Legal Protection ◽

Law Enforcement Officers ◽

Children's Rights ◽

Children’S Rights ◽

Best Interests ◽

Rights Of The Child ◽

The Law ◽

The Right

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law. Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases

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Perlindungan Hukum terhadap Anak sebagai Pelaku Pelecehan Seksual Menurut UU No. 35 Tahun 2014

Jurnal Preferensi Hukum ◽

10.22225/jph.1.2.2392.62-66 ◽

2020 ◽

Vol 1 (2) ◽

pp. 62-66

Author(s):

Desi Nellyda ◽

I Nyoman Sujana ◽

Luh Putu Suryani

Keyword(s):

Sexual Abuse ◽

Sexual Harassment ◽

Child Protection ◽

Research Method ◽

Legal Protection ◽

Problem Formulation ◽

Conceptual Approach ◽

Criminal Sanctions ◽

The Law ◽

Problem Formulations

This thesis is titled “Legal Protection Toward Child As Offenders Of Sexual Harassment, According Indonesian Law No. 35 Year 2014”. The writing uses normative research method, by using statue approach and conceptual approach. The problem formulations are: (1) The shape of legal protection toward child as offenders of sexual harassment ; (2) The imposition of criminal sanctions against ch ild who commit sexual abuse. By reviewing the law research done by using the proposed studi above, it can be concluded that the first problem formulation related to the shape of legal protection toward child as offenders of sexual harassment according Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection, the child has a right to accompanied by advocate during the process of investigation. Meanwhile, the second formulation will discuss the imposition of criminal sanctions against child who commit sexual abuse which have been regulated at the Article 82 Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection. Depend on the Article 82 the offenders can be sentenced to prison the shortest 5 (five) years and the longest 15 (fifteen) years and a maximum fine of Rp. 5.000.000.000,00 (five billion dollars).

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REKONTRUKSI PASAL 7 AYAT (1), UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK, BERBASIS PRINSIP-PRINSIP INDIVIDUALISASI PIDANA DALAM HUKUM ISLAM

Yustitia ◽

10.31943/yustitia.v6i1.106 ◽

2020 ◽

Vol 6 (1) ◽

pp. 79-93

Author(s):

Maemunah Maemunah

Keyword(s):

Juvenile Justice ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Legal Protection ◽

District Court ◽

Comparative Approach ◽

Level 3 ◽

The Law ◽

Special Protection

Children are a trust and gift from God who has dignity and dignity as a whole human being. In order to safeguard his dignity, the child is entitled to special protection, especially legal protection in the justice system. In realizing the maximum child protection, requires a policy that supports the realization of maximum protection, with the issuance of Law Number 11 Year 2012, concerning the Juvenile Justice System. This is done because Indonesia as a State Party in the Convection of children's rights governing the principle of legal protection against children have an obligation to provide special protection for children in conflict with the law. In Article 7 Paragraphs 1 and 2 of the Law on the Juvenile Justice System, article 7 (1) At the level of investigation, prosecution and examination of cases of children in the district court must be endeavored Diversion, (2) Diversion as meant in paragraph (1) is carried out in the case of acts crimes committed: (a) are threatened with imprisonment of less than 7 (seven) years and (b) do not constitute repeat offenses. This study intended to examine and analyze the form of legal construction of the Juvenile Justice System specifically implementing diversion for victims with demands of less than 7 years. The research method uses a statutory approach, a case approach, and a comparative approach to the number of cases by reviewing and analyzing legislation, journals, cases, data and direct interviews. According to the results of the study, it is found that the implementation of legal penal system of the Juvenile Justice System (1) child cases is increasing, (2) diversion is carried out since the investigation up to the court, and there are still many that are done at a higher level, (3) have an understanding, that diversion must be sought, has a meaning that can be done at various levels so that diversion occurs at several levels, and often occurs at the Court level.

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PROBLEMATIKA PEMBERESAN HARTA KEKAYAAN YAYASAN BHAKTI SOSIAL SURAKARTA YANG DIBUBARKAN OLEH PENGADILAN BERDASARKAN PUTUSAN NO 141 / Pdt G/ 2010 / PN Ska

Jurnal Privat Law ◽

10.20961/privat.v5i2.19376 ◽

2017 ◽

Vol 5 (2) ◽

pp. 5

Author(s):

Izza Aulia Shahnaz ◽

Pujiyono ,

Keyword(s):

Legal System ◽

Secondary Data ◽

Primary Data ◽

Analytical Technique ◽

Interactive Model ◽

Criminal Sanctions ◽

Descriptive Research ◽

Legal Structure ◽

Library Research ◽

The Law

Abstract The Purposes of this article are knowing the obstacle of settlement wealth Bhakti Sosial Surakarta’s Foundation. This research is empirical with descriptive research. The location of the research at the Office of the advocate Heru S. Notonegoro and Pengadilan Negeri Surakarta Kelas IA Khusus. Types and sources of data are primary data and secondary data. Data Collected technique through interview and library research. Analytical technique with qualitative and interactive model. The results of this research, the settlement of wealth’s Yayasan Bhakti Sosial Surakarta is the obstacles the process of Foundation can be classified into three things according the theory of Legal System by Friedman, judging from its legal Structure is Pengadilan Negeri Surakarta Kelas IA Khusus Specifically less scrupulous and clearly in the verdict, then dropped from the substance of the law is the verdict No. 141/G.Pdt/ 2010/PN Ska defective award,the case Bhakti Sosial Surakarta’s Foundation reflects that culture law of the organs the Foundation are not obedientproduct law. Sanctions can be applied to the organs of the Foundation are not doing the settlement of wealth Foundation disbanded is article 70 of Act No. 16 Of 2001 Jo. Act No. 28 of 2004 about the Foundation, in addition to applying criminal sanctions can also apply the tort with petitum UVB and sequestration.Keywords: The settlement, Wealth, Foundation, CourtAbstrak Artikel ini bertujuan untuk mengetahui hambatan proses pemberesan harta kekayaan Yayasan Bhakti Sosial Surakarta dan Sanksi yang dapat diterapkan apabila organ yayasan tidak melakukan pemberesan harta kekayaan yayasan yang telah dibubarkan oleh pengadilan. Penelitian ini merupakan penelitian hukum empiris yang bersifat deskriptif. Lokasi penelitian yaitu di Kantor Advokat Heru S. Notonegoro dan Pengadilan Negeri Surakarta Kelas IA Khusus. Jenis dan sumber data penelitian ini meliputi data primer dan data sekunder. Teknik pengumpulan data melalui wawancara dan studi kepustakaan. Teknik analisis data dilakukan secara kualitatif dengan interaktif model. Berdasarkan hasil penelitian menunjukkan bahwa hambatan proses pemberesan harta kekayaan Yayasan Bhakti Sosial Surakarta dapat digolongkan menjadi tiga hal menurut teori Legal System dari Friedman, Dilihat dari Struktur Hukumnya yaitu Hakim Pengadilan Negeri Surakarta Kelas IA Khusus kurang cermat dan jelas dalam menjatuhkan putusan, kemudian dari Substansi Hukumnya yaitu Putusan No. 141/G Pdt. 2010/ PN Ska yang cacat amar putusannya, kasus Yayasan Bhakti Sosial Surakarta mencerminkan bahwa budaya hukum dari Organ Yayasan tidak taat produk hukum. Sanksi yang dapat diterapkan untuk Organ Yayasan yang tidak melakukan pemberesan harta kekayaan yayasan yang bubar adalah Pasal 70 Undang-Undang No.16 Tahun 2001 Jo.Undang-Undang No. 28 Tahun 2004 tentang Yayasan, selain menerapkan sanksi pidana juga dapat menerapkan perbuatan melawan hukum dengan petitum Putusan Serta Merta dan Sita Jaminan.Kata Kunci : Pemberesan, Harta Kekayaan, Yayasan

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Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual

Jurnal Preferensi Hukum ◽

10.22225/jph.2.2.3338.359-364 ◽

2021 ◽

Vol 2 (2) ◽

pp. 359-364

Author(s):

Nadila Purnama Sari ◽

Anak Agung Sagung Laksmi Dewi ◽

Luh Putu Suryani

Keyword(s):

Sexual Violence ◽

Child Protection ◽

Children With Disabilities ◽

Legal Protection ◽

Criminal Code ◽

Criminal Cases ◽

Persons With Disabilities ◽

Violence Against Children ◽

Criminal Sanctions ◽

Positive Law

Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.

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Criminal Justice System Toward Children With Legal Conflict Seen In Justice Restorative Presfective

Jurnal Hukum Prasada ◽

10.22225/jhp.7.1.1223.14-26 ◽

2020 ◽

Vol 7 (1) ◽

pp. 14-26

Author(s):

Brian Septiadi Daud ◽

Irma Cahyaningtyas

Keyword(s):

Criminal Justice ◽

Juvenile Justice ◽

Criminal Justice System ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Legal Protection ◽

Whole Process ◽

The Law ◽

Laws And Regulations

The criminal justice system of children is very important in the effort to settle cases. Children are gifts of God that are entrusted to be cared for, guarded, and guided for a good future. In article 1 number 1 of Law no. 11 of 2012 states that what is meant by the juvenile justice system is the whole process of resolving cases of children dealing with the law from the investigation stage to the guidance stage after undergoing the crime. The aims of the study were to find out and analyze the juvenile justice system (SPPA) in conflict with the law and to examine the implementation of legal protection against children in conflict with the law based on Law Number 11 of 2012. The research method used to see the arrangement of this arrangement is juridical-normative legal research, this research is research that is attempted with the system reviewing applicable laws and regulations or applied to a particular legal case and concept. The method of collecting legal material with the document method is to collect library research contained in secondary legal materials, then analyzed deductively. The results of this study are to look at the process of the juvenile justice system based on subsystems, components, the process of achieving justice for restorative justice and the process of implementing child protection based on the applicable laws and regulations.

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HAK ANAK DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA

Negara dan Keadilan ◽

10.33474/hukum.v9i1.7626 ◽

2020 ◽

Vol 9 (1) ◽

pp. 91

Author(s):

Ramdani Ramdani

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Legal Protection ◽

Children's Rights ◽

Children’S Rights ◽

Best Interests ◽

Literature Study

Penelitian ini membahas tentang “Hak Anak Dalam Sistem Peradilan Pidana Anak di Indonesia”. Penelitian ini bertujuan untuk mengentahui, menganalisis dan membahasn konsep serta bentuk dari hak anak dalam sistem peradilan pidana anak di Indonesia. Penelitian ini merupakan penelitian normativ dengan menggunakan pendekatan studi kepustakaan dengan menelaah, meneliti dan mengkaji perundang-undangan yang membahas tentang hak anak baik secara konsep maupun bentuk. Hasil dari penelitian ini secara garis besar dapat disimpulkan bahwa anak dalam dalam perkara pidana mendapat jaminan perlindungan hukum dalam berbagai bentuk seperti jaminan keselamatan baik fisik, mental maupun sosial dan memiliki akses terhadap informasi mengenai perkembangan perkara. Anak harus mendapatkan haknya berdasarkan kepentingan terbaik anak penghargaan terhadap anak. Jaminan perlindungan yang didapat tidak hanya dari Undang-undang No 11 tahun 2012 tentang sistem peradilan pidana anak namun juga dari Undang-undang No 13 tahun 2006 tentang perlindungan saksi dan korban. Negara dalam hal ini pemerintah dan aparatur penyelenggara memperhatikan implementasi yang efektif dengan pertimbangan kepentingan terbaik anak.Kata kunci: Sistem peradilan pidana anak, perlindungan anak, hak anakThis research discusses "Children's Rights in the Child Criminal Justice System in Indonesia". This study aims to identify, analyze and discuss the concepts and forms of children's rights in the juvenile justice system in Indonesia. This research is a normative study using a literature study approach by examining, researching and examining laws that discuss children's rights both in concept and form. The results of this study can be broadly concluded that children in criminal cases receive legal protection guarantees in various forms such as safety guarantees both physically, mentally and socially and have access to information regarding case developments. Children must get their rights based on the best interests of the child and respect for the child. The guarantee of protection is obtained not only from Law No. 11 of 2012 concerning the juvenile criminal justice system but also from Law No. 13 of 2006 concerning the protection of witnesses and victims. The state in this case the government and the apparatus organizers pay attention to effective implementation with consideration of the best interests of children.Keywords: Child criminal justice system, child protection, children's rights

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