Journal of Law and Criminal Justice

Policy Concerning Crime Done by Children
DR. Farid, S.H. M. H. M. Kn.

Abstract
Criminal acts / juvenile delinquency often occur because of the bad influence of the community and the problems that exist in the lives of children, therefore child delinquency must be addressed in a rational manner, namely with a criminal law enforcement policy approach that prioritizes the best interests of the child. Indonesia has ratified the Convention on the Right of Children and the Beijing Rules of Convention, so that Indonesia has an obligation to fulfill the rights of children to all children, especially providing legal protection for children facing the law. Problems faced are: How is the formulation policy against criminal acts carried out? How is the Policy of Diversion Against Crimes committed by Children? Regulations concerning the settlement of criminal acts / juvenile delinquency as an effort to deal with child crimes have been regulated in the Criminal Code and Law No. 3 of 1997 concerning Juvenile Courts. After the enactment of Law Number 11 of 2012 concerning the Child Criminal Justice System, specifically for Children cases a mechanism is known to transfer settlement cases from criminal justice processes to processes outside criminal justice, which is called Diversion. According to Article 7 paragraph (1) stated in all levels of examination both at the level of investigation, prosecution, and examination of cases in the District Court must be sought for Diversion. Diversion is the main feature of the Child Criminal Justice System Law because in the old Juvenile Justice Act and other criminal laws do not recognize this. Given the importance of this mechanism, the Child Criminal Justice System Law in Article 96 threatens imprisonment or fines for Investigators, Public Prosecutors and Judges who deliberately do not carry out Diversion obligations, even though the Constitutional Court has subsequently canceled this provision, but does not reduce the intention and the desire of the makers of the Child Criminal Justice System Law if Diversion is an important mechanism and must be pursued at every level of case investigation.

Full Text: PDF     DOI: 10.15640/jlcj.v7n2a4