根据儿童的最大利益原则对接触法律的儿童提供法律保护

Amrina Rosyada, Fatchul In'am
{"title":"根据儿童的最大利益原则对接触法律的儿童提供法律保护","authors":"Amrina Rosyada, Fatchul In'am","doi":"10.34001/kajogs.v1i1.4915","DOIUrl":null,"url":null,"abstract":"Legal protection for children who are in conflict with the law in Indonesian legislation is the result of the Ratification of the United Nations (UN) Convention on the Rights of the Child in 1989, which in one of the principles in the convention is the principle of the best interests of the child. Ratification is carried out by incorporating and making the basis for the formation of laws involving children. The principle of best interest for children is the main reference. This study used the Juridical-Normative Research Method with a Descriptive Analysis Approach, with the aim of analyzing Legislation Related to Children in Conflict with the Law and then to look at the essence and objectives of the Principle of Best Interests for Children. So that this research results in that Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) is the Main Law being studied, in that Law provides Legal Protection for children who are dealing with the Law with Three Classifications, children as perpetrators prioritizing restorative justice and diversion, children as victims receive special medical treatment, and children as witnesses are facilitated by electronic recording media to reduce trauma. This is given as an effort to protect the law against children who are in conflict with the law according to the status of children in criminal acts, in addition to obtaining rights that are general in nature, children who are positioned as perpetrators, victims and witnesses still get special rights. under legal protection.Keywords: Legal Protection, Children Against the Law, The Best Interests of Children.","PeriodicalId":314130,"journal":{"name":"Kartini: Journal of Gender and Social Inclusion Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"LEGAL PROTECTION OF CHILDREN IN CONTACT WITH THE LAW BASED ON THE PRINCIPLE OF BEST INTEREST FOR THE CHILD\",\"authors\":\"Amrina Rosyada, Fatchul In'am\",\"doi\":\"10.34001/kajogs.v1i1.4915\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Legal protection for children who are in conflict with the law in Indonesian legislation is the result of the Ratification of the United Nations (UN) Convention on the Rights of the Child in 1989, which in one of the principles in the convention is the principle of the best interests of the child. Ratification is carried out by incorporating and making the basis for the formation of laws involving children. The principle of best interest for children is the main reference. This study used the Juridical-Normative Research Method with a Descriptive Analysis Approach, with the aim of analyzing Legislation Related to Children in Conflict with the Law and then to look at the essence and objectives of the Principle of Best Interests for Children. So that this research results in that Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) is the Main Law being studied, in that Law provides Legal Protection for children who are dealing with the Law with Three Classifications, children as perpetrators prioritizing restorative justice and diversion, children as victims receive special medical treatment, and children as witnesses are facilitated by electronic recording media to reduce trauma. This is given as an effort to protect the law against children who are in conflict with the law according to the status of children in criminal acts, in addition to obtaining rights that are general in nature, children who are positioned as perpetrators, victims and witnesses still get special rights. under legal protection.Keywords: Legal Protection, Children Against the Law, The Best Interests of Children.\",\"PeriodicalId\":314130,\"journal\":{\"name\":\"Kartini: Journal of Gender and Social Inclusion Studies\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Kartini: Journal of Gender and Social Inclusion Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.34001/kajogs.v1i1.4915\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Kartini: Journal of Gender and Social Inclusion Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.34001/kajogs.v1i1.4915","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

对触犯印尼法律的儿童提供法律保护是1989年批准《联合国儿童权利公约》的结果,该公约的原则之一是儿童的最大利益原则。批准是通过纳入并为制定涉及儿童的法律奠定基础来进行的。儿童最大利益原则是主要参考。本研究采用了司法规范研究方法和描述性分析方法,目的是分析与法律冲突儿童有关的立法,然后研究儿童最大利益原则的本质和目标。因此,这项研究的结果是,关于少年刑事司法系统的2012年第11号法律(UU SPPA)是正在研究的主要法律,因为该法律为处理三种分类法律的儿童提供法律保护,儿童作为犯罪者优先考虑恢复性司法和转移,儿童作为受害者接受特殊医疗,儿童作为证人得到电子记录媒体的便利,以减少创伤。根据儿童在犯罪行为中的地位,这样做是为了保护法律免受与法律相冲突的儿童的侵害,除了获得一般性质的权利外,被定位为犯罪者、受害者和证人的儿童仍然享有特殊权利。受法律保护。关键词:法律保护,儿童违法,儿童最大利益
本文章由计算机程序翻译,如有差异,请以英文原文为准。
LEGAL PROTECTION OF CHILDREN IN CONTACT WITH THE LAW BASED ON THE PRINCIPLE OF BEST INTEREST FOR THE CHILD
Legal protection for children who are in conflict with the law in Indonesian legislation is the result of the Ratification of the United Nations (UN) Convention on the Rights of the Child in 1989, which in one of the principles in the convention is the principle of the best interests of the child. Ratification is carried out by incorporating and making the basis for the formation of laws involving children. The principle of best interest for children is the main reference. This study used the Juridical-Normative Research Method with a Descriptive Analysis Approach, with the aim of analyzing Legislation Related to Children in Conflict with the Law and then to look at the essence and objectives of the Principle of Best Interests for Children. So that this research results in that Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) is the Main Law being studied, in that Law provides Legal Protection for children who are dealing with the Law with Three Classifications, children as perpetrators prioritizing restorative justice and diversion, children as victims receive special medical treatment, and children as witnesses are facilitated by electronic recording media to reduce trauma. This is given as an effort to protect the law against children who are in conflict with the law according to the status of children in criminal acts, in addition to obtaining rights that are general in nature, children who are positioned as perpetrators, victims and witnesses still get special rights. under legal protection.Keywords: Legal Protection, Children Against the Law, The Best Interests of Children.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信