Research Article
Criminal Acts Handling Of Traffic Offences By Children: To Provide Legal Protection Against Children In Konawe, Indonesia
@INPROCEEDINGS{10.4108/eai.28-10-2022.2326334, author={Ariefulloh Ariefulloh}, title={Criminal Acts Handling Of Traffic Offences By Children: To Provide Legal Protection Against Children In Konawe, Indonesia}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia}, publisher={EAI}, proceedings_a={ICLSSE}, year={2023}, month={1}, keywords={handling criminal act traffic violation children legal protection}, doi={10.4108/eai.28-10-2022.2326334} }- Ariefulloh Ariefulloh
Year: 2023
Criminal Acts Handling Of Traffic Offences By Children: To Provide Legal Protection Against Children In Konawe, Indonesia
ICLSSE
EAI
DOI: 10.4108/eai.28-10-2022.2326334
Abstract
The concern of passing law No. 11 the year 2012 in the System of Justice for Juveniles (SPPA) in place of law number three of 1997 about the Children’s Court has aimed to realize a court that protects the children's interests come first, in addition to the substance in the SPPA Law regulate diversion provisions as a means to realize restorative justice. To realize this goal, in the SPPA Law's Article 9 paragraph (2), the violation formed by the criminal act, the diversion agreement does not have to acquire the victim's and/or their family's approval, as well as the child's and their family's willingness. This is juridical-normative legal research applying the theoretical review collection method and descriptive-qualitative analysis. The conclusion is that the Crime of Traffic violation by Children does not apply to the System of Justice for Juveniles. In the future, there is a need for improvements to the legal substance as the basis for imposing fines in crimes of traffic violation by children and vicarious liability doctrine in practice in this type of criminal case.