PERLINDUNGAN HUKUM TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (Analisa Putusan No 09/PID.Sus-Anak/2018/PN.JKT.PST)

Abstract

Children are assets of the nation that will become the next generation of a nation. As a generation of nations, the rescue of children is an effort to save the nation. The destruction of the child and his future is destroyed by the nation. The success of children's growth and development is influenced by environmental factors, ranging from the family environment to the wider community. The family as a child development base that serves to ensure the child is safe, prosperous, healthy, and well developed in a good environment as well. But children often do not get good parenting and are raised in a family environment that is not supportive so that children are trapped in delinquency from mild to a more severe level of committing a criminal offense. As a consequence of the criminal act he committed, the child must be held accountable for his actions but through a special and protected way. The government is also obliged to provide special protection for children who face the law or commit criminal acts as stipulated in article 59 of Law No. 35 of 2014 concerning Amendments to Law No.23 of 2002 concerning Child Protection. This paper aims to examine the form of legal protection or the form of criminal application to the child perpetrators of criminal acts and the consideration of judges in making Decision No. 09 / PID. Sus-Anak/2018/PN. JKT. PST. This research uses a normative juridical approach. The results of the study obtained that children who are suspected of committing, prosecuted or decided to commit criminal acts are children who are in conflict with the law children who are in conflict with the law or conflict with the law are children who are 12 years old and not yet 18 years old. Criminal prosecution of children in conflict with the law must not violate the dignity and dignity of the child and must pay attention to the best interests of the child. In his ruling, the judge has imposed the right criminal offenses, namely 1) subsidaire for 2 children for 6 years and one child for 4 years, namely those who declare the Child Abusers have been proven legally and convincingly guilty of committing criminal acts: "JOINTLY COMMITTED MURDER"; This is in accordance with article 81 paragraph 2 which reads imprisonment on children for a maximum of 1/2 of the maximum threat of imprisonment for adults 2) Impose imprisonment in LPKA against Child Offenders, on the grounds that ballast is the act of child abusers disturbing public order, it is in accordance with article 81 paragraph 1 of Law 11 of 2012.

Keywords : legal protection; the child of the perpetrator of the crime;