Law Enforcement in Child Criminal Cases Based on The Values of Justice

Abstract

The purpose of this research is to identify the causes of the failure to implement justice values in the enforcement of juvenile crime cases. To identify weaknesses in justice-based law enforcement for juvenile crime cases; and to identify new regulations regarding justicebased law enforcement for juvenile crime cases. The research method uses a constructivist paradigm, a qualitative approach, and a sociologicaljuridical approach. The types and sources of legal materials consist of primary and secondary data. Data collection techniques include observation and interviews. Data analysis is carried out using qualitative methods using deductive logic. The results of this study are 1) The value of justice has not been implemented in the Law Enforcement of Child Criminal Cases due to the conflict between legal certainty that deviates from the value of justice. 2) With the law stating that perpetrators of child crimes are imprisoned, the parties involved in Law Enforcement think of providing a deterrent effect by imprisoning children as perpetrators, and this is not in accordance with the value of justice. 3) Reconstructing Article 71 of Law No. 11 of 2012, in point e which originally reads imprisonment is replaced with religious rehabilitation, and in Article 81 of Law No. 11 of 2012 states that imprisonment is replaced with religious rehabilitation.