PENEGAKAN HUKUM BAGI ANAK BERBASIS KEADILAN

Abstract

This study aims to determine and analyze the weaknesses of law enforcement for children in conflict with the law. To determine and analyze law enforcement for children in conflict with the law based on justice. The type of research carried out is field research, namely researchers go directly to the research location to collect data by conducting interviews with the authorities and the community, in addition, this study also uses a library research method, namely reviewing various reading materials / books related to the title of the research in question. The results achieved in this study indicate that the legal process takes a very long time and is very tiring. Where it is carried out in stages in accordance with Law Number 11 of 2012, where the stages consist of investigation by child investigators, prosecution, arrest / detention, and the trial process (appeal, cassation, judicial review). In this case, law enforcement officers have been given the authority by law to carry out the trial process. Viewed from the perspective of criminal science, it is believed that the imposition of criminal penalties on child perpetrators (delinquents) risks harming the development of the child's soul and affecting his future. One form of protection for children in conflict with the law is through diversion. The diversion model is intended to avoid and distance children from the formal judicial process so that it can avoid stigmatization of children in conflict with the law and it is hoped that children can return to the social environment naturally. Therefore, the participation of all parties is very much needed in order to realize this. The process must aim at creating restorative justice, both for children and for victims.