为印度尼西亚儿童寻求正义:刑事司法改革背景下的印度尼西亚少年刑事司法制度

Resty Shelya Pujiani, Mutia Azizah Aksan, Maya Sinta
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摘要

在印度尼西亚,与法律接触的儿童通过少年刑事司法制度有自己的特点和处理程序。通过关于少年刑事司法制度的2021年第11号法律,国家试图在场保护儿童的权利,即使儿童是犯罪的肇事者。处理针对儿童的刑事案件当然不同于处理针对成人的案件,对儿童的处理是特殊的,因为它也在单独的条例中进行了规定。对儿童案件处理过程的了解,当然社会上可能还有一些人不了解或不理解,所以有时会产生各种各样的评价,甚至更致命的是,如果有一个错误的判断,认为处理儿童,特别是在法律冲突中的儿童得到特殊待遇,也有人认为儿童不能受到惩罚,即使没有那么远,只是处理过程是有特别规定的。本研究旨在分析印尼儿童刑事司法制度在刑事司法改革框架下的儿童司法概念。本研究采用的方法是实证研究和规范研究的混合方法。这一方法是在刑事司法改革的框架内回答少年刑事司法制度所包含的司法实质问题。这项研究的地点是专门在三宝垄市进行的,以及其他几个城市作为支持材料。本研究的支持数据也来自互联网上的各种研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Seeking Justice for Indonesian Children: The Juvenile Criminal Justice System in Indonesia in the Context of Criminal Justice Reform
Children who are in contact with law in Indonesia have their own characteristics and handling procedures through the Juvenile Criminal Justice System. Through Law Number 11 of 2021 concerning the Juvenile Criminal Justice System, the state tries to be present to protect children's rights, even though children are perpetrators of crimes. Handling criminal cases against children is certainly different from handling cases against adults, the handling of children is special because it is also regulated in separate regulations. Understanding of the process of handling children's cases, of course, there may still be some in the community who do not understand or understand, so that sometimes it gives rise to various assessments, even more fatal if there is a misjudgment that the handling of children, especially children in legal conflicts 5 get special treatment and there are also those who think that children cannot be punished even though it is not that far, it's just that the handling process is specifically regulated. This study aims to analyze the concept of justice for children in the Indonesian Child Criminal Justice System within the framework of Criminal Justice Reform. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer the substance of justice contained in the Juvenile Criminal Justice System within the framework of criminal justice reform. The location of this research was specifically carried out in the city of Semarang, and several other cities as supporting material. Supporting data in this study were also obtained from various studies on the internet. 
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