Law Enforcement Against Minors Who Commit Crimes From the Perspective of the Criminal Justice System

Eko Budi Santoso, Anis Mashdurohatun

Abstract


Children are the next generation of the nation in the future, because children have a very important role to lead and advance the nation. Children often have problems and face the law. This is interesting to study. This study aims to determine the legal handling of children who commit crimes. In this study, the approach method used is: an empirical sociological approach or an approach through direct surveys in the field and secondary data through library studies. The research specification used is Descriptive Analytical, which is an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the handling of children in conflict with the law. Handling of children who commit crimes requires a different legal approach from the adult criminal justice system, namely prioritizing restorative justice in accordance with Law Number 11 of 2012. In its implementation, of course, there are significant obstacles that affect the smoothness of the handling process it self.


Keywords


Children; Criminal; Justice; Restorative.

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References


Bambang Satriya, “Anak Membutuhkan Penegak Hukum Humanis (Analisis Putusan MK Nomor 1/PUU-VIII/2010),” Jurnal Konstitusi 8, no. 5 (2011): 649–74, https://doi.org/10.31078/jk852.

Criminal Code (KUHP)

Law No. 17 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection

Law Number 8 of 1981 concerning the Criminal Procedure Code

The 1945 Constitution of the Republic of Indonesia




DOI: http://dx.doi.org/10.30659/rlj.4.2.701-%20711

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