Legal Protection for Juvenile Delinquency Perpetrators in the Child Protection Law UUPA
Keywords:
child legal protection, juvenile delinquency, restorative justiceAbstract
Juvenile delinquency in Indonesia has developed into a serious legal problem, with various acts violating positive legal norms such as bullying, theft, narcotics abuse, and other acts of violence. This study aims to analyze the construction of legal protection for children as perpetrators of juvenile delinquency from the perspective of the Child Protection Law, identify available protection mechanisms, and evaluate obstacles in its implementation. The method used is normative juridical with a statutory and conceptual approach, analyzing Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Juvenile Criminal
Justice System, as well as related legal literature. The results of the study show that legal protection for children of juvenile delinquency is realized through a restorative justice approach with a diversion mechanism, criminal sanctions that are the ultimate remedium, and various forms of coaching actions. However, its implementation faces obstacles in the form of limited understanding of law enforcement officials, lack of institutional support, inconsistency in the application of sanctions, and the still strong retaliation
paradigm in the legal culture of society. This study concludes that it is necessary to strengthen the capacity of the apparatus, harmonize implementing regulations, collaboration across sectors, and transform the paradigm of society to realize effective legal protection for children of juvenile delinquents
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