Artikel Restorative Justice As Efforts To Combat Delinkuensi Child

Restorative Justice As Efforts To Combat Delinkuensi Child 

Arranged by:

Oci Senjaya, SH

Fast Track Programme

Master of Law,  Diponegoro University

BACKGROUND
 

Children can be categorized as "The Golden Moment", which means that the child is a fundamental step that can affect life in the future as a whole. However, ironically increasingly be viewed existence issues concerning children increasingly widespread in society.
In the modern era like now paced demanding any kind of life on the run in harmony with the development. One of the developments are growing quite rapidly, is the technology sector and it does not release us from all kinds of social problems that classical and difficult to cure.

PROBLEM??

1. How policy on the handling of criminal cases saatini    child?

2. How does the perspective of the concept of Restorative Justice System as an alternative effort in handling a criminal case based on the protection of children against child delinkuensi?

 

 Understanding Children

Under Article 330 Staatsblaad number 23 year 1847 about Burgerlijk Wetboek voor Indonesie / BW (Book of the Civil Code Act) "There are those adults who have not even reached the age of 21 (twenty one) years of age, and not married first."

Under Law. 1 Year 1946 on Criminal Rules

In this case specifically described in Article 45 of the Criminal Code, the child called the minors (minderjarig) is the one that did sebagimana stipulated in the Penal Code before the age of 16 (sixteen) years.

Under Article 1 of Law No.. 3 Year 1997 on Juvenile Justice
"Children are people who in the Juvenile court has reached the age of 8 (eight) years but not attained the age of 18 (eighteen) years old and has never been married".

 Under Article 1 paragraph 2 of Law No.. 4 Year 1979 on Child Welfare "Children are a person who has not attained the age of 21 (twenty-
one) year and have never been married " 

 

Understanding Children Delinkuensi

Adolescent Delinquency in the law commonly known as Children Delinkuensi or internationally could also be called as Juvenile Deliquency. In the existing positive law, juvenile delinquency portrayed as a bad boy, as for the explanation, according to Article 1 paragraph 2 of Act No. 3 of 1997 on Juvenile Justice that is the "bad boy was the son of a criminal offense, or a child who has committed a otherwise prohibited for children, either by legislation or by other laws and policies in public life is concerned ". 

Factor-factor Delinkuensi Child

a.Which includes intrinsic motivation of juvenile delinquents is
factor of intelligence, age, and gender factors notch factor children in the family.

b.Which includes extrinsic motivation is a factor of household, factors
education and schools, child social factors, factors of mass media.

THEORIES OF DELINKUENSI CHILD

•Sub-Cultural Theory Delinkuen

• Biological Theory

•Theory Psikogenis

•. Theory Sosiogenis

Concept (Restorative Justice)  of Court Child in  Indonesia

 

Conclusion

In the juvenile justice system, the protection of the rights of children as perpetrators and victims apparently not enough to accommodate the best interests of the child (the best interest of the child) because it still focuses on the stigmatization imposed on the offender had a child in the form of imprisonment verdict. It will have an impact on psychological and mental development of the child. It is also the basis of the difference or specificity exists in juvenile justice systems that exist today.