Legal Analysis of Case Handling Against Children Who Commit Abuse
Keywords:
Keywords: Prosecution, Juvenile Justice, Child Offenders, Maltreatment.Abstract
This article aims to provide an overview of the justice system for juvenile offenders of violent crimes. Criminal acts are not just committed by grownups but the perpetrator can also be a child. Child are the golden generation for the nation and state, for that children need attention, protection and coaching to ensure their growth and development, mindset, mentality and behavior. Aggressive behavior in children often stems from children's habits in the use of mobile phones that contain video games that refer to violent games. The event that often occurs today is the crime of persecution where the perpetrator is a child. The factor of acts of abuse committed by children is an action taken by children to express their disappointment with the victim which results in physical violence which often results in injuries, disabilities, and even death. This study identifies the procedure for giving demands for cases of abuse committed by children. The prosecution carried out by the child prosecutor is first pre-prosecuted to the child offender, the child prosecutor can track the investigation's development ultimately, public prosecutor obtains an investigation file that has been first finished the investigator will order to subsequently make an indictment and then can be given to the court the process of resolving instances of child abuse indonesia's court system. Instances of child abuse in indonesia's court system. Juvenile justice can use restorative justice and diversion takes place on the basis of the idea that responses and responses to children's criminal behavior in terms of abuse will not be effective nothing community's and involvement of victims, perpetrators. If it turns out that these two methods cannot be carried out, then a trial in court is the last way and effort that must be taken as a last resort.
Downloads
References
Ahmad Sofian, 2012, Child Protection in Indonesia: Dilemmas and Solutions, Sofmedia, Jakarta.
Alfitra, 2014, The Abolition of the Right to Prosecute and Carry Out Crimes, Penespreader Swadaya Group, Jakarta.
Ana Azkan Nuvus and Ida Musofiana, 2023, The Role of the Prosecutor's Office in Prosecuting Children of Theft Offenders, Proceedings of the Scientific Constellation of Unissula Students (Kimu) 5 Sultan Agung Islamic University.
Bambang Waluyo, 2004, Crime and Punishment, Sinar Grafika, Jakarta.
Bambang Waluyo, 2022, Criminal Case Settlement for the Application of Restorative and Transformative Justice, Sinar Grafika, Jakarta.
Code of Criminal Procedure
Criminal Code
Decree of the Minister of Justice of the Republic of Indonesia No. M. 02. PW. 07. 10 of 1997 concerning Trial Rules and Courtroom Rules.
https://kekerasan.kemenpppa.go.id/ringkasan, accessed on November 4, 2024, Pulul 12.00 WIB.
https://news.detik.com/berita/d-6355488/tugas-jaksa-penuntut-umum-penjelasan-dan-wewenangnya. Accessed on November 3, 2024, at 23.00 WIB.
https://unpar.ac.id/keadilan-restoratif-untuk-anak/, accessed on November 4, 2024, at 09.00 WIB.
Indra W, Elsa Rina MT, Sherly Adam. Settlement of Criminal Cases of Abuse with Child Perpetrators According to Law Number 11 of 2012, PAMALI: Pattimura Master Law Review Vol 1, No 2 (2021).
Ismail Koto, 2023, The Development of Communal Intellectual Property Rights in Indonesia, SANKSI: National Seminar on Law, Social and Economy.
Jeprimsa Sitepu, 2020, The Role of the Public Prosecutor in Prosecuting Cases..., Medan: University of Medan Area.
Khaira Ummah, Law Enforcement of Child Crimes as Perpetrators, Law Journal, Volume. 13. Number 1 March 2018.
Law No. 11 of 2012 concerning the Juvenile Criminal Justice System.
Law of the Republic of Indonesia Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia.
M. Yahya Harahap. 2010, Discussion of Problems and Application of the Criminal Procedure Code (Examination of Court Hearings, Appeals, Cassations, and Reviews). Sinar Grafika, Jakarta.
R. Sugandhi, 1980, Criminal Code (KUHP) with its explanation, National Business, Surabaya.
Robert Andriano Piodo, 2014, Prosecution of Children's Cases in the Juvenile Criminal Justice System in Indonesia, Lex Crimen Vol. III.No. 4.
Rr. Putri A Priamsari, "Finding a Law that is Fair for Children Through Diversion," Law Reform 14, no. 2 (2018).
Soedarto, 1987, Kapita Selekta Criminal Law, Alumni, Bandung.
Soerjono Soekanto and Sri Mamudji, 2001, Normative Legal Research: A Brief Review, Raja Grafindo Persada, Jakarta.
Syamsul Haling et al., "Protection of the Human Rights of Street Children in the Field of Education According to National Law and International Conventions," Journal of Law & Development 48, no. 2 (2018).
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Nita Nilan Sry Rezki Pulungan, Dinda Adistya Nugraha, Wessy Trisna, Mohammad Ghuffran, Ridho Mubarak

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.