CD Tesis
Kebijakan Kriminalisasi Terhadap Tindak Pidana Yang Dilakukan Anak
Criminal acts are not necessarily carried out by adults, but can also be
committed by children. In 2012 the law dealing with naughty children or children
who commit criminal acts in accordance with the times and an increase in
criminal acts committed by children is increasingly spreading and endangering
the fate of the child in the future. Law Number 11 of 2012 concerning the Juvenile
Criminal Justice System which replaces Law Number 3 of 1997 concerning
Juvenile Court. If a child's criminal act is only given a prison sentence, of course
it will bury the child's rights as Article 1 point 2 of Law Number 23 of 2002
concerning Child Protection states "Child protection is all activities to guarantee
and protect children and their rights. their right to live, grow, develop, and
participate optimally in accordance with human dignity and protection, as well as
protection from violence and discrimination”. The formulation of the first
problem is how the policy of criminalizing criminal acts committed by children is,
second, how is the policy of criminal liability committed by children in the future.
This research uses normative legal research that is literature and does not use
numerical answers or statistics. The results of the study that related to children
who commit criminal acts, do not necessarily impose sanctions with criminal
penalties if associated with a criminal policy, children should receive legal
protection of children's rights. A child who acquires and maintains the right to
grow and develop in a balanced and positive life. In the future, criminal
responsibility for children in the concept of the Criminal Code emphasizes more
on mental development and child welfare. This can be seen in the preparation of
the punishment, starting from the lightest sanctions, namely warnings and
reprimands, leading to criminal restrictions on freedom, namely imprisonment
and closure. All international instruments almost all emphasize the importance of
public attention, both international and national, to the development and welfare
of children.
Keywords: Criminal Policy; Child Crime; Legal protection
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