scholarly journals HAK ANAK DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA

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

scholarly journals Fulfilment of Formal Education for Children with Criminal Sentences: Analysis of Law Number 11 of 2012 concerning the Juvenile Justice System

2021 ◽  
Vol 13 (3) ◽  
pp. 1747-1755
Author(s):  
Subarsyah Subarsyah
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Formal Education ◽  
Juvenile Justice System ◽  
Children's Rights ◽  
Vital Role ◽  
Children’S Rights ◽  
Literature Study ◽  
Rights Of The Child

Crimes committed by children are currently experiencing a very significant increase. In Indonesia, the settlement of criminal cases against children is included in vulnerable children who need more attention in fulfilling their rights. However, there are still many violations of children's rights during their status as perpetrators of crimes and afterwards. This study aims to analyze the fulfilment of the formal education of criminal children by Law Number 11 of 2012 concerning the Juvenile Justice System. This study uses a qualitative approach with a literature study. The results of the study explain that Indonesia as a country that has ratified the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 dated August 25, 1990, has further integrated children's rights into national law, namely into Law Number 23 of 2002 concerning Child Protection. Protection of children was created as an effort to educate and build quality and affluent children in education. These forms of protection include providing comfort, security, health, and adequate education. The existence of The Child Special Guidance Institute plays a vital role in fulfilling the educational needs of formal and non-formal children.

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Penyalahguna Narkotika (Studi Putusan Nomor 44/Pid.Sus-Anak/2019/Pn.Mdn)

2021 ◽  
Vol 4 (2) ◽  
pp. 938-946
Author(s):  
Sri Wahyuni ◽  
Marlina Marlina ◽  
Rizkan Zulyadi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
District Court ◽  
Approach Method ◽  
Examination Process

The spread of narcotics which has spread to various levels of society and remote villages has reached children whose thinking abilities are still low. In the decision of the panel of judges not to apply diversion which refers to Article 12, Article 52 paragraph (5) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to determine the legal protection of children as narcotics abusers. The research method used is a normative juridical research with analytical descriptive character. The approach method used in this research is the case approach to the statutory approach which is carried out by examining the provisions of the applicable legislation. The analysis was carried out qualitatively. The results of the study indicate that the legal protection carried out against children as narcotics abusers in Indonesia based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System has been regulated starting from the process of investigation, arrest, detention, prosecution, examination in court and correctional. The Medan District Court has tried to carry out the legal protection process for children as narcotics abusers by referring to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Juvenile Judges seek to realize the legal protection process by fulfilling children's rights during the examination process, as well as seeking settlement of cases through diversion. However, the efforts of juvenile judges in the legal protection process for children are still not maximized.

scholarly journals Child Criminal Justice Reconstruction System (As the efforts of Children's Rights in conflict with the Press Law According to Legal Aid)

2020 ◽  
Vol 2 (1) ◽  
pp. 206-213
Author(s):  
Adi Mansar
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Problem Formulation ◽  
Special Child ◽  
The Republic

Third Amendment to Article 1 Paragraph (3) confirms that "The State of Indonesia is a State of Law". Indonesia the rule of law originating from Pancasila and 1945 Constitution as stipulated in the People's Consultative Assembly of the Republic of Indonesia Number III / MPR / 2000 Concerning Legal Sources and Order of Laws and Regulations. The basic rights stipulated in the constitution have then been regulated in several legislative regulations, for example Law Number 11 Year 2012 concerning the Juvenile Justice System in Consideration letter a reads "that the child is the trust and gift of God Almighty who has dignity and dignity as complete be a human". The letter b stated that "in order to maintain their dignity and status, children are entitled to special protection, especially legal protection in the justice system. Problem Formulation of How the Legal Arrangement of the Criminal Justice System for Children in Indonesia, How to Legal Instruments for the Protection of Children in Criminal Law. Fulfillment of the Rights of Children in conflict with the law should have been guaranteed since the child began to be determined as a suspect until the child began to carry out punishment/ guidance in Special Child Development Institute. .Recommendation of our Criminal System which is oriented towards coaching according to the purpose of punishment (objective theory) wherever possible provides education to children so that it is truly changing and aware. The Criminal Justice System for Children needs to be reconstructed specifically regarding the pattern of providing legal assistance, financing and special space for children in each prison, remand center in Indonesia. Child protection legal instruments in criminal law need to be updated, especially law enforcement with a miserable approach for children, so restorative justice needs to be grounded.  Keywords:

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

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.  

scholarly journals JURIDICAL STUDIES AGAINST DIVERSION IN CRIMINAL JUSTICE SYSTEM

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Indah Setyowati ◽  
Ida Musofiana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Best Interests ◽  
Comparative Approach ◽  
Negative Effects ◽  
The Law ◽  
The Relationship

The diversion provisions in the juvenile justice system law whether it has prevented children from the negative effects of the Criminal Justice System. By the way, all children who have problems with the law put the best interests of the child. The method of approach is the statutory approach and the comparative approach. Primary, secondary and tertiary legal materials obtained by the author will be analyzed using the method of systematic interpretation, namely interpretation by looking at the relationship between the rules in an interdependent law.The result, diversion is a settlement of child cases that are carried out outside formal justice with the aim of preventing children from stigmatizing children who are dealing with the law must be in accordance with the purpose of diversion in The Beijing Rules. Whereas in Indonesia, the diversion provisions in the Criminal Justice System Act of the Child are still included in the criminal justice system by giving stronger stigmatization to children who are in conflict with the law and so it is not in accordance with the purpose of diversion in The Beijing Rules. So the diversion provisions in the Child Criminal Justice System Law do not yet reflect the principle of child protection as mandated by the Child Protection Act and the Child Criminal Justice System Law. Where the diversion in the Child Criminal Justice System Law has not fully mandated the principle of the best interests of children viewed from the perspective of child protection, with a view of all issues by placing the child's position as first and foremost.

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

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.

scholarly journals Legal Protection Reform for Children Conflicted with Law

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 59
Author(s):  
Emy Rosna Wati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Court ◽  
Legal Protection ◽  
Victims Of Crime ◽  
The Law ◽  
The Government

The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014). Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1), 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

scholarly journals Court support workers speak out: Upholding children’s rights in the criminal justice system

2016 ◽  
Author(s):  
Loraine Townsend ◽  
Samantha Waterhouse ◽  
Christina Nomdo
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Victims ◽  
Sexual Offences ◽  
Rights Of The Child ◽  
Victims Of Sexual Abuse

The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child’s testimony is often pivotal to whether cases are prosecuted, and whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced since 1994. We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances. Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on children’s rights.

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