Law Enforcement Against Children Involved in Anarchic Demonstrations (Case Study of the Surakarta Police Department)

Abstract

This study aims to determine and analyze law enforcement against children involved in anarchic demonstrations. To determine and analyze the weaknesses of law enforcement against children involved in anarchic demonstrations. To determine and formulate law enforcement against children involved in anarchic demonstrations in the future. This study uses a sociological juridical approach, the research specifications are descriptive analysis, data sources consist of primary data and secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through library and field studies and analysis techniques using qualitative. The results of the study show that law enforcement against children involved in anarchic demonstrations uses the legal basis of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Standard Operating Procedures for handling Children in Conflict with the Law at the Surakarta Police prioritizing the approach of protecting children's rights and restorative justice. The process is carried out by special investigators in a child-friendly room without violence, involving companions (Bapas/psychologists), and guaranteeing the confidentiality of the child's identity. The weaknesses in law enforcement against children involved in anarchic demonstrations consist of firstly weaknesses in the legal structure, including a lack of human resources, a lack of professionalism of law enforcement, and a lack of facilities and infrastructure. Secondly, weaknesses in the legal substance, namely the lack of regulation of criminal liability for people who use minors or someone who is not yet an adult in political interests or actions or demonstrations or similar activities, making children used as political tools by some individuals. Thirdly, weaknesses in the legal culture, including low legal awareness, a culture of children's fear of joining demonstrations, and the weak role of the family. Law enforcement against children involved in anarchic demonstrations in the future, namely through the regulation of criminal sanctions against people who use minors or someone who is not yet an adult in political interests or actions or demonstrations or similar activities, making children used as political tools by some individuals. Reformulation was carried out on Article 76H of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection so that it becomes: Everyone is prohibited from recruiting or exploiting Children for military, political and/or other interests and leaving Children without life protection.