Legal Analysis of the Implementation of Article 33 of the Criminal Code Concerning Minors in Military Relations with Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System

Abstract

Purpose: In the Indonesian criminal law system, the protection of children in conflict with the law receives special attention, including children involved in military service. Article 33 of the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System are two interrelated legal norms in the context of legal protection for military minors. Article 33 of the Criminal Code and Law Number 11 of 2012 are two laws that apply and have a direct impact on how military minors are tried. However, there is a potential contradiction between these two laws that needs to be further examined. Children in conflict with the law have the right to receive special protection. Analyzing how juvenile criminal law is applied to military minors can help ensure that these rights are respected. Ensuring that all individuals, including military minors, are tried fairly is a basic principle of law. Research/methodology: Data collection is done through document analysis and literature study, which includes visits to libraries and other sources relevant to the research topic. Contributions: This research can make an important contribution to our understanding of how juvenile criminal law is applied in the military context. This can help inform future policy and practice. Given the minimum and maximum ages for entry into military education, it is possible that some individuals who join the military may still be considered children in the context of juvenile criminal law