Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia

Research Article

Protection against Children who Conflict with the Law Due to the Delinquency Reviewed from the Juvenile Criminal Jurisdiction System

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  • @INPROCEEDINGS{10.4108/eai.6-3-2021.2306384,
        author={Nia  Yulianti and Zudan Arief Fakrulloh},
        title={Protection against Children who Conflict with the Law Due to the Delinquency Reviewed from the Juvenile Criminal Jurisdiction System},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE  2021, March 6th 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2021},
        month={5},
        keywords={protection; children who conflicted with law; children delinquency},
        doi={10.4108/eai.6-3-2021.2306384}
    }
    
  • Nia Yulianti
    Zudan Arief Fakrulloh
    Year: 2021
    Protection against Children who Conflict with the Law Due to the Delinquency Reviewed from the Juvenile Criminal Jurisdiction System
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-3-2021.2306384
Nia Yulianti1,*, Zudan Arief Fakrulloh1
  • 1: Doctoral of Law, Universitas Borobudur Jakarta
*Contact email: niaunbor@gmail.com

Abstract

The Constitution guarantees every child to live, grow and develop and has the right to protection from violence and discrimination. Therefore, Indonesia as a rule of law has the obligation and responsibility to provide protection, one of which is for children who conflict with the law. A child in conflict with the law is a child who is 12 (twelve) years old, but not yet 18 (eighteen) years old, who is suspected of having committed a criminal act. One of the causes of conflict with the law is child delinquency. Many can factor cause delinquency in children. According to Law Number 11 of 2012 concerning the Criminal Justice System for Children, cases of children in conflict with the law must be adjudicated in juvenile criminal courts located within the general court. However, before entering the judicial process, law enforcers, families, and the community are obliged to seek a settlement process outside the court, namely through Diversion based on the Restorative Justice approach. The objective of juvenile justice is not merely to prioritize the crime as the main element, but protection for the future of the child is a goal that juvenile justice aims to achieve. Therefore, the imposition of punishment must have attempted as a last option after all means are considered inadequate (ultimum remidium).