KETERLIBATAN ANAK DALAM TINDAK PIDANA DITINJAU DARI PERSPEKTIF HUKUM PIDANA ANAK DI INDONESIA

Jurnal Magister Hukum Perspektif Pub Date : 2024-01-26 DOI:10.37303/magister.v14i2.88

D. Wahyulina, Febry Chrisdanty

{"title":"KETERLIBATAN ANAK DALAM TINDAK PIDANA DITINJAU DARI PERSPEKTIF HUKUM PIDANA ANAK DI INDONESIA","authors":"D. Wahyulina, Febry Chrisdanty","doi":"10.37303/magister.v14i2.88","DOIUrl":null,"url":null,"abstract":"Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal act, must be given the rights and protection of children as vulnerable legal subjects as regulated in the applicable laws and regulations. Through a normative legal approach, this research analyzes legal regulations that regulate the rights and protection of children involved in criminal contexts. The aims of this research are firstly to find out the meaning of children in Indonesian laws and regulations, secondly to find the concept of children's criminal law legislation in Indonesia which regulates children's involvement in criminal acts according to a normative approach, and thirdly to find out the procedures for handling cases of involvement. children in juvenile crimes from the perspective of juvenile criminal law in Indonesia through the principles of child human rights and the principles of the best interests of the child. The results of this research are that the handling of cases of child involvement in juvenile crimes from the perspective of juvenile criminal law in Indonesia is by placing more emphasis on the principles of children's human rights and the best principles for the interests of children because although there has been progress, challenges remain, and improvements Continuous harmonization of policies, consistent implementation, and strengthening the rehabilitation system can optimize the protection and development of children involved in the context of juvenile criminal justice. \nKeywords: Child Involvement, Child Crime, Child Criminal Law","PeriodicalId":499104,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"63 19","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal Magister Hukum Perspektif","FirstCategoryId":"0","ListUrlMain":"https://doi.org/10.37303/magister.v14i2.88","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}

引用次数: 0

Abstract

Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal act, must be given the rights and protection of children as vulnerable legal subjects as regulated in the applicable laws and regulations. Through a normative legal approach, this research analyzes legal regulations that regulate the rights and protection of children involved in criminal contexts. The aims of this research are firstly to find out the meaning of children in Indonesian laws and regulations, secondly to find the concept of children's criminal law legislation in Indonesia which regulates children's involvement in criminal acts according to a normative approach, and thirdly to find out the procedures for handling cases of involvement. children in juvenile crimes from the perspective of juvenile criminal law in Indonesia through the principles of child human rights and the principles of the best interests of the child. The results of this research are that the handling of cases of child involvement in juvenile crimes from the perspective of juvenile criminal law in Indonesia is by placing more emphasis on the principles of children's human rights and the best principles for the interests of children because although there has been progress, challenges remain, and improvements Continuous harmonization of policies, consistent implementation, and strengthening the rehabilitation system can optimize the protection and development of children involved in the context of juvenile criminal justice. Keywords: Child Involvement, Child Crime, Child Criminal Law

查看原文本刊更多论文

从印度尼西亚少年刑法的角度看儿童参与刑事犯罪问题

儿童是国家的下一代，因此他们需要最大限度的辅导、指导和保护，以免他们做出违法行为。儿童是国家的下一代，因此他们需要最大限度的辅导、指导和保护，以免他们做出违法行为。儿童是国家的下一代，他们需要最大限度的指导、引导和保护，这样儿童才不会做出违法的行为。在这种情况下，儿童是犯罪行为的实施者，必须按照适用的法律法规，赋予儿童作为弱势法律主体的权利和保护。本研究通过规范性法律方法，分析了规范涉案儿童权利和保护的法律法规。本研究的目的首先是找出儿童在印尼法律法规中的含义，其次是找出印尼儿童刑法立法的概念，该概念根据规范性方法对儿童卷入犯罪行为进行规范，第三是通过儿童人权原则和儿童最大利益原则，从印尼少年刑法的角度找出儿童卷入少年犯罪案件的处理程序。研究结果表明，印尼少年刑法视角下的儿童卷入少年犯罪案件的处理应更加重视儿童人权原则和儿童利益最大化原则，因为虽然取得了进步，但挑战依然存在，不断完善政策协调、连贯实施和加强康复体系可以优化少年刑事司法背景下涉案儿童的保护和发展。关键词儿童卷入、儿童犯罪、儿童刑法

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Jurnal Magister Hukum Perspektif

自引率

0.00%

发文量