Authors:
Immanuel Simanjuntak
and
Ediwarman
Affiliation:
Program Doktor Ilmu Hukum, Universitas Sumatera Utara (USU-Medan), Medan, Sumatera Utara, Indonesia, Indonesia
Keyword(s):
Criminal Liability, Evil Children, Criminal Justice System for Children.
Abstract:
Law No. 11 of 2012 is a juvenile criminal justice system, in Article 1 number 2 stipulates that 'children who are in conflict with the law' are those who are in conflict with the law, victims of criminal acts and witnesses of criminal acts. This type of research is a type of normative and descriptive legal research that refers to legal norms contained in legislation and court decisions and legal norms that exist in society. Descriptive research aims to describe precisely the characteristics of an individual, a particular condition, symptom or group, or to determine the spread of a symptom, or to determine whether there is a relationship between a symptom and other symptoms in society. The results showed that law enforcement against children who behave badly in the Criminal Code and outside the Criminal Code, explained that children who behave badly or are dealing with laws or bad children, will be processed according to applicable regulations. However the trial process must be in acc
ordance with what is regulated by Law Number 11 Year 2012 concerning the Juvenile Criminal System. Suggestions submitted from the results of this study are that law enforcers and related institutions always prioritize article 7 paragraph (1) of Law Number 11 Year 2012 concerning the Criminal Justice System for Children namely "at the level of investigation, prosecution, and examination of cases of children in the state court must be pursued Diverse, 81 paragraph (2) of Law Number 11 Year 2012. Punishment or imprisonment that can be imposed on children who are in conflict with the law is a maximum of ½ (one half) of the maximum threat of imprisonment for adults.
(More)