SOCIOLOGICAL JURIDICAL REVIEW OF THE CHILD COMMITTING THEFT CRIME AT THE DEMAK STATE COURT

Achmad Sulchan, Bambang Agus Rianto

Abstract


Children are the generation of the nation and the successor of development. They are the generation prepared as the subject to administer sustainable development and the controller of a country in future. All children are the gift from the Almighty Allah who must be guided and protected. Their rights must not be deprived and reduced.This is in accordance with the general principles of child protection as stated in the Convention on the Rights of the Child ratified by the Government of Indonesia through Presidential Decree Number.36 Year 1990, Article 1 point 12 of the Bill Number.35 Year 2014 concerning Child Protection that a child is a part of human rights that must be guaranteed, protected and fulfilled by parents, family, community, government and the state. 

In the enforcement of human rights and the rule of law, protection of public interests and protection of children, in accordance with article 1 to 12 of the Bill No.35 Year 2014 concerning Child Protection, children must get protection. Likewise, in handling cases of criminal acts of theft at the Court of Demak district, the child whosea criminal act has the right to be protected, from the moment he is arrested and / or detained, he has the right to get legal assistance at every level of criminal justice system examination. He is also entitled to deal directly with his legal counsel without being heard by the authorized official and as long as the child is detained, then the physical needs, spiritual and social needs must be fulfilled, in accordance with the Criminal Code and the Bill Number 11 Year 2012 concerning the Criminal Justice System of Children . 

This study uses descriptive analytical research methods by the cause that researchers in analyzing the study want to give an overview or exposure to the objects that become the subject matter. The object referred to here is the role of parents in increasing legal awareness of children who commit theft and the efforts of parents to provide safety riding education for children in accordance with the applicable laws and regulations. 

Keywords: child, crime, theft. 


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