The Politics Of Criminal Law On The Fulfillment Of Children's Rights In Conflict With The Law In The Juvenile Criminal Justice System

Abstract

Children in conflict with the law in Indonesia are still not ideal from the perspective of human rights because they still have various kinds of problems such as the development process in juvenile prisons and the restorative justice system that has not been evenly distributed. Therefore, this study intends to determine the ideal human rights arrangements for children in conflict with the law, the application of a restorative justice system in the juvenile criminal justice system, and the urgency of changing the law on the juvenile criminal justice system through legal politics in the DPR. This research methodology uses normative juridical. The results of this study are, 1) the regulation of human rights for children in conflict with the law is still not ideal so that the rights of children in conflict with the law are not accommodated properly 2) restorative justice has been regulated in the Juvenile Justice Criminal System Act for criminal acts. certain crimes such as violations, minor crimes and complaint offenses. Meanwhile, for serious crimes that result in loss of life, disability for life and others, a restorative justice system is not applied, 3) the Juvenile Justice Criminal System Law needs to be revised because it has several problems, such as a) juvenile prisons that have overcapacity, b) Child juvenile prisons are not evenly distributed in every area, c) facilities and infrastructure for juvenile prisons are not ideal, and d) a restorative justice system that is only applied to certain criminal acts. Therefore, the DPR needs to amend this Law as soon as possible by using the omnibuslaw system so that the legal politics running in the DPR can more easily and can regulate other matters or themes in one text, namely the Juvenile Justice Criminal System Act.