Kedudukan Anak yang Berhadapan dengan Hukum Selaku Pelaku Tindak Pidana (Studi Kasus: 123/pid.sus.pn.jkt.tim)

Abstract

On this occasion, the author will be put through further research in connection with the enactment of the Criminal Justice Act No. 11 of 2012 Children enacted in 2014 ago. Based on this, the authors will conduct further research on the Status of Children in Conflict with the Law as Actors Crime. The research method uses the type of normative juridical research with nature descriptive analytical study through approach law (statute approach) using a literature study data collection tool to obtain secondary data derived from primary legal materials and secondary legal materials with field data supported the form of interviews with agency related laws. In accordance with the Convention on the Rights of the Child which has been ratified by Indonesia through Presidential Decree No. 36 In 1990, the Indonesian should have been committed in the protection of children\u27s rights as a whole. In addition, Indonesia also has to have Law No. 23 of 2002 on Protection of Children as an effort to provide the protection of the rights of children in areas such as education, health, religion, and social, including the rights of children in conflict with the law. Children in conflict with the law, including the criteria given in the Special Protection as stated in Article 59 of Law No. 23 of 2002. It is the responsibility of the government and society. Article 64 of Law No. 23 of 2002 states further that the protection of children in conflict with the law covers children in conflict with the law and child victims of crime. This research is the development of legal theory Children Who Faced with the Law and the concept of Diversion and Restrorative Justice (restorative justice) which broadly provide protection for the child\u27s best efforts