Legal Protection of Children as Perpetrators of the Crime of Theft (Case Study Decision Number 2/Pid.Sus – Anak/2022 PN.Kds)

Abstract

The research entitled "Legal Protection of Children as Perpetrators of the Crime of Theft (Case Study Decision Number 2/Pid.Sus – Anak/2022 PN.Kds)" aims to find out how the Legal Protection of Children in Conflict with the Law (ABH), so that in the process of criminal acts of children requires responsibility by the State, Government, Regional Government and the Community for the implementation of Child Protection. Where the State, Government, Regional Government and Society are obliged and responsible for respecting the fulfillment of Children's Rights without distinction of ethnicity, religion, race, class, gender, and so on based on Article 21 of Law Number 35 of 2014 concerning Amendments to the Law. Number 23 of 2002 concerning Child Protection.
This study uses an empirical juridical approach, which is an approach to problems regarding juridical matters and the existing reality regarding juridical matters. The research conducted is a study of the legal protection of children as perpetrators of the crime of theft in interviews with parties related to the problem being studied.
Based on this method, the research resulted in principal (1) in the regulation of the form of legal protection against children as perpetrators of the crime of theft following the rules in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, (2) the basis of judges' considerations in deciding cases against children as Perpetrators of the Crime of Theft, where in the trial the judge considered that before imposing a sentence on the defendant, it was necessary to consider aggravating things and mitigating things for the defendant, (3) Obstacles to Legal Protection of Children as Perpetrators of the Crime of Theft where these obstacles colliding with the provisions regarding the limitation of the threat of an article with a criminal under 7 years as a condition for Diversion in the Juvenile Criminal Justice System, is a weakness that can hinder the occurrence of diversion and limit the perpetrators and victims from being able to do diversion, thus diversion should not be limited on the basis of criminal threats a, but rather as a right and freedom between the victim and the perpetrator to diversify or reject it, as a solution to the weakness of the diversion requirement.
Keywords: Legal Protection, Children as Criminal Actors, Child Protection