THE EFFECTIVENESS OF GUIDANCE OF CHILD PRISONERS IN ADULT PRISON

Abstract

Law Number 12 Year 1995 on Penitentiary states that “The guilty child, Children who are guilty, then the guidance will be held on child prisoners.†The placement of a child who is guilty into a Child Prisoners is carried out separately in accordance with their respective status that is criminal children, state children and civil children. These status differences become the reasons for guidance which held to them. However, there are still child prisoners who placed in adult penitentiary. This research is normative, because this research is a legal research which conducted by examining library materials or secondary data. This research aims to examine the extent of specific legislation, either vertically or horizontally, and includes laws that are equal or belong to the same field which regulates the fostering of child prisoners in Penitentiary. From the results of research on the Guidance of the Rights of Child Prisoners in Adult Prison, The pattern of guidance of Prisoners has been established in the Decree of the Minister of Justice of the Republic of Indonesia No. M.02-PK.04.10 of 1990. In this letter explained that the pattern of guidance of prisoners of both child prisoners and adult inmates must be implemented in an integrated manner that is personality guidance and independence building for child prisoner. The obstacle that’s in the fostering of child prisoners in adult prisons is the absence of special staff to handle child prisoners. This is because most of the prison officers are law graduates, while the balance of handling in guidance is very important torealize maximumguidance of childprisoners.Adultpenitentiariesare far from viable means, as neither the building physical nor cleanliness does not support the lives of children adult prisons.