CD Skripsi
Perlindungan Hukum Terhadap Anak Berisiko Mengalami Secondary Prisonization Akibat Orang Tua Sebagai Pelaku Tindak Pidana Terorisme
ABSTRACT
Legal protection for children is defined as an effort to protect the law against the freedom and human rights of children related to their welfare. Children as human beings are treated equally regardless of gender, age, race, ethnicity and so on in accordance with Article 27 of the 1945 Constitution which states that all citizens have the same position before the law. Article 28B paragraph (2) of the 1945 Constitution stipulates that every child has the right to survival, growth and development and is entitled to protection from discrimination. However, in practice, children of perpetrators of criminal acts of terrorism often experience discrimination, stigmatization and persecution in their lives. Stigmatization and labeling that are not handled properly will lead to resentment and adjustments in a child's behavior according to what is labeled, namely being a terrorist. The lack of inclusion of the child of the perpetrator in several laws and regulations that should be protected and the inconsistency between existing regulations is a weakness in providing certainty, justice and legal benefits to children of perpetrators who are also victims of criminal acts of terrorism.
This research uses normative legal research or also known as doctrinal legal research which uses secondary data sources using primary legal materials, secondary legal materials, and tertiary legal materials. In this normative research, researchers conducted research on vertical and horizontal legal synchronization between Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; Law No. 5 of 2018 concerning Eradication of Criminal Acts of Terrorism and Minister of Women's Empowerment Regulation Number 7 of 2019 concerning Guidelines for the Protection of Children from Radicalism and Criminal Acts of Terrorism.
From the research results there are 3 main things that can be concluded. First, legal protection arrangements for children who are at risk of experiencing secondary prisonization as a result of their parents being perpetrators of criminal acts of terrorism have weaknesses and need to be strengthened and synchronized. Second, the impact of secondary prisonization on children, namely violations of children's rights such as persecution, discrimination, not getting proper education, not getting social services and exclusion which is a form of injustice and at worst becomes the perpetrator of another crime of terrorism. Finally, the author lists several efforts that the author offers in order to overcome the stigmatization of children from perpetrators of this crime of terrorism.
Keywords: Legal Protection, Children, Secondary Prisonization, Actors, act of
terrorism
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