Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Policy Formulation Regarding Psychological Action Against Juvenile Offenders

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312614,
        author={Fitri  Yani and Alvi  Syahrin and Madiasa  Ablisar and M. Eka Syahputra},
        title={Policy Formulation Regarding Psychological Action Against Juvenile Offenders},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={policy formulation psychological action juvenile offenders},
        doi={10.4108/eai.29-6-2021.2312614}
    }
    
  • Fitri Yani
    Alvi Syahrin
    Madiasa Ablisar
    M. Eka Syahputra
    Year: 2021
    Policy Formulation Regarding Psychological Action Against Juvenile Offenders
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312614
Fitri Yani1,*, Alvi Syahrin1, Madiasa Ablisar1, M. Eka Syahputra1
  • 1: Universitas Sumatera Utara
*Contact email: pidana80@gmail.com

Abstract

The government has not taken into account the psychological impact of criminal sanctions on juvenile offenders. In Indonesia, including in North Sumatra, they are only sentenced to job training. Such criminal sanction does not significantly reduce the number of offenders and does not positively improve the behavior of the offenders. The study aims at finding alternative criminal sanctions such as psychological sanctions instead of common sanctions based on the judge's decision, namely the imprisonment, fines, and/or social work. The problems in this research are: 1) what is the current criminal law formulation for juvenile offenders? 2) in the context of criminal law reform in Indonesia, how should the criminal law formulation for juvenile offenders be in the future? This normative juridical legal research aims to describe the current criminal law formulation for juvenile offenders stipulated in statutory regulation. The results show that in reforming criminal law, psychological impact needs to be taken into account in enforcing Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by enforcing psychological sanctions instead of fines. These include stimulus activities carried out by a psychologist to provide psychiatric therapies to improve the nature and behavior of juvenile offenders and ensure that they do not repeat their actions.