Perlindungan Hukum Terhadap Anak Dalam Sistem Peradilan Pidana Anak di Indonesia | PERPUSTAKAAN UNIVERSITAS KATOLIK SANTO THOMAS

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Perlindungan Hukum Terhadap Anak Dalam Sistem Peradilan Pidana Anak di Indonesia

Gultom, Maidin - Nama Orang;

ABSTRACTJuvenile Justice System is regulated in UU No.3 Tahun 1997 tentang Pengadilan Anak (pertaining to Juvenile Court), but is still possibly validated other regulation as long as this Act not determines otherwise. In Juvenile Justice System, it has been linked to special officials; Juvenile Correctional Institution Agent. The officials have been appointed specially together with certain requirements such as; experiences, interests, attentions, dedications and understanding of juvenile problems. A legal process for children not overlooks juvenile future and constantly upholds a justice. Juvenile Justice System has essentially an objective to uphold juvenile rights and obligations, both they are as the suspected, the accused or convicted criminal.rnrnThis research is titled: LEGAL PROTECTION FOR CHILDREN IN JUVENILE JUSTICE SYSTEM IN INDONESIA. This title consists of 2 (two) variables: a legal protection for children has a sense: a juvenile protection is based on prevailed law (legislation regulations of Juvenile Justice System), both they are as the suspected, the accused or convicted criminal. The Juvenile Justice System contains a nation of juvenile criminal trial process, beginning from stages of investigating, prosecution, court session and socialization in correctional institution. This research is a descriptive one by using a normative juridical research method, and in order to support this research it has been carried out a sociological juridical research by using a qualitative approach. The objective of this research are to understand juridical-normatively and juridical-sociologically the legislation regulations pertaining to Juvenile Justice System, primarily UU No. 3 Tahun 1997 and to understand an Ideal Juvenile Justice System.rnrnThe result of research indicates that juridical-normatively the legislation regulations pertaining to Juvenile Justice System, primarily UU No. 3 Tahun 1997, not yet completely reflects a legal protection for children. This is due to among other things; because of unclearness in determining a prohibiting doing as a criminal action; there are likely the investigating and arresting to the under 8 (eight) year old children; it not adjusts about Civil Children; not adjusts a legal effect when there has been occurred a violence to; an arresting judgement for the sake of the juvenile interest and or societal interest, the reasons of arresting have been stated clearly in an arresting order letter, the juvenile arresting has been separated from adult arresting, a trial court in a familial atmosphere, confidentially trial, an obligation demanding an judgment of societal guide, principles of building socialization. As juridical-sociologically the application of the legislation regulations about Juvenile Justice System, primarily UU No. 3 Tahun 1997, not yet completely realized a legal protection for children, because it has been still occurred deviations such as; handled by non special officials; the trial court is not in a familial atmosphere; the trial court is not confided; an arresting without attaching the principles of arresting judgment; child arrest is combined with adult arrest; prison criminal punishment is 10 (ten) years or more, even an over life prison criminal punishment is imposed on the child; the lack of means and infrastructures such as; Human resources (HR), facilities and societal supports; the less understanding of UU No. 3 Tahun 1997, the principles of juvenile protection, the lack of associated-inter-agencies coordination. An ideal Juvenile Justice System has been realized when there have been available for sufficient means and infrastructures such as; legislation regulations, HR and societal supports; legal upholding has been understood as an attempt of upholding the law and the justice, the ordering of institutional functions involved in the process of Juvenile Justice System, it has been investigated its completeness and growth in the national Criminal Law System in a frame of the created Juvenile Justice System that truly provides a legal protection for children; built and empowered for juvenile rights, the legal upholding officials have been oriented towards the empowering, responsiveness and justice in the society, so that the legal goals can be realized together with societal supports; the apparatus's behaviour and mentality influencedthe realization of justice, and an example of legal upholding officials is a sense of justice and sense of socil responsibility in the Juvenile Justice System.rnrnThe legislations regulations pertaining to Juvenile Justice System, primarily UU No. 3 Tahun 1997 is necessarily made perfect, so that it can be exactly used as a legal basis of Juvenile Justice System, providing a legal protection for children. In short-time, required KUHP Nasional, and in a long-time required to be formed by KUHP and KUHAP that especially prevailed for children. The legal upholding officials necessarily realized; equality before the law; principles of legal protection for children; juvenile rights and obligations; sense of justice and sense of society responsibility, representing the method of normative that pledged as a strength the creators to straightening of law with fair trial and transparency. The legal upholding officials must truly realize a mutually coordinated network each other for hindering the occurrence of deviations. It is necessarily carried out a research about the possibility of handling the juvenile delinquency by a special board outside of Juvenile Justice in order that the children can be protected from the actions inhibiting the child's growth both physically, mentally, socially such as the actions of arresting, prison criminal or other actions.rnrnKey words: Legal Protection for Children, Juvenile Justice System

Ketersediaan

01.426/2014 T 345.081 598 GUL p1 R Tandon PUST (Lt. I) Tersedia

Informasi Detail

Judul Seri: -
No. Panggil: 345.081 598
Penerbit: Bandung : Program Doktor Ilmu Hukum Program Pascasarjana Universitas Katolik Parahyangan., 2003
Deskripsi Fisik: xiv, 288 + 35 + 48 + 17 + 8 p. ; 30 cm
Bahasa: Indonesia
ISBN/ISSN: -
Klasifikasi: 345.081 598
Tipe Isi: -
Tipe Media: -
Tipe Pembawa: -
Edisi: -
Subjek: JUVENILE COURTS - INDONESIA
Info Detail Spesifik: -
Pernyataan Tanggungjawab: Maidin Gultom

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