¹Indra Jaya, ²Handoyo Prasetyo

^1,2Faculty of Law, University of Pembangunan Nasional Veteran Jakarta

DOI : https://doi.org/10.47191/ijsshr/v6-i8-23

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ABSTRACT

Differences in the handling of child offenders have specifically been regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which not only regulates children as perpetrators but also children as victims and children as witnesses, or can be called children in conflict with the law, and in Article 1 number 1 it is stated that the Juvenile Criminal Justice System is the entire process of completing cases for children in conflict with the law from the investigation stage to the guidance stage after the child has served the sentence. 2 Then, the Law basically regulates the implementation of the criminal justice system for children which prioritizes the special rights of a child to stay away and avoid the judicial process so that there is no bad stigmatization of children, especially children as perpetrators of a criminal act so that the child can return to socialize as usual reasonably in the environment where he lives.

KEYWORDS:

Legal Protection, Criminal Justice System, Children.

REFERENCES

1) 1945 Constitution of the Republic of Indonesia

2) Law No. 11/2012 on the Juvenile Criminal Justice System

3) Harefa, Beniharmoni. 2020. "Lecture Material on Child Protection Law, Module 5: Diversion and Restorative Justice". Jakarta: National Development University "Veteran" jakarta.

4) Marlina. 2009. "Juvenile Justice in Indonesia Development of the Concept of Diversion and Restorative Justice". Bandung: Refika Aditama.

5) Chandra Purnama, P., Krisnan, J., & Kurniaty, Y. 2016. "Implementation of Diversion at the Court Level Based on Law Number 11 Year 2012 on Juvenile Criminal Justice System". Varia Justicia, 12(2), 222-234.

6) Cipta, Hendra. 2019. "Diversion in case of beating 14-year-old boy to death fails, family wants to proceed to court".
(https://regional.kompas.com/read/2019/05/21/16550061/diversi-kasus-pengeroyokan-anak-14-tahun-hingga-tewas-gagal-keluarga-ingin?page=2) accessed on April 13, 2020.

7) Alumniuntag2012.blogspot.com. 2013.
"Obstacles in the implementation of the concept of Restorative Justice as part of the protection of children in conflict with the law in Indonesia".
(http://alumniuntag2012.blogspot.com/2013/11/hambatan-dalam-implementasi-pelaksanaan.html) accessed on April 13, 2020.

VOlUME 06 ISSUE 08 AUGUST 2023