少年司法制度在恐怖主义中的实施:印尼案例

Rd. Yudi Anton Rikmadani, Puguh Aji Hari Setiawan
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引用次数: 0

摘要

摘要:本研究旨在以法院判决为依据,回顾青少年刑事司法制度中儿童保护权及其实施情况。这项研究的背后是对印度尼西亚越来越多的儿童参与恐怖主义网络的担忧。其中一些人因恐怖主义阴谋被判入狱。《SPPA法》和《PA法》的实施成为除反恐立法外执法的参考。恐怖主义犯罪是一种必须立即处理的犯罪,因为它威胁到国家,但国家仍然有义务在司法程序中确保儿童保护权的实现,并提供特殊保护。由于涉及到与儿童保护法相关的儿童,这是一个复杂的问题,由于其性质,需要通过特殊的法律分析来解决。本研究以规范的司法方法检视法院判决,取得显著成效。此外,本研究还增加了二手资源,如文章、期刊、书籍、报告和任何与本研究相关的来源。研究结果发现,在恐怖主义罪行中对儿童的特殊保护没有得到满足,因为没有将儿童视为受害者,因为他所做的行动受到了法庭上所揭示的说服的影响。此外,执法部门并不像SPPA规定的那样寻求转移。综上所述,法院的判决没有考虑到《个人保护条例》的规定,也没有完全执行《个人保护条例》。关键词:恐怖主义立法、儿童权利、执法、少年司法
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Implementation of the Juvenile Justice System in Terrorism: Indonesia Case
ABSTRACT: This research aims to review the right to child protection as well as the implementation of the Juvenile Criminal Justice System (SPPA) based on court rulings. Behind the research is concern about the increasing number of children involved in terrorist networks in Indonesia. Some of them have been sentenced to prison for terrorism plots. The implementation of the SPPA Act and the PA Act has become a reference for law enforcement in addition to counter-terrorism legislation. The crime of terrorism is a crime that must be addressed immediately because it threatens the state, but the state remains obliged to ensure the fulfillment of the right to child protection during the judicial process with special protection. With the involvement of a child that is in relevance to the child protection act, it is a complex matter that needs to be resolved with a special analysis of law, due to its nature. This study examines court rulings with normative juridical methods to get significantly achieved results.  In addition, this study also adds secondary resources such as article journals, books, reports, and any source that has relevance to the study. The results of the study found that the special protection of children in the Crime of Terrorism has not been met, by not considering the child as a victim, because of the actions he did the influence of persuasion as revealed in court. In addition, law enforcement does not seek diversion as mandated in the SPPA. To conclude the court's decision does not consider the regulations on PA and has not fully implemented the SPPA. KEYWORDS: Legislation on Terrorism, Children's Rights, Law Enforcement, Juvenile Justice.
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