Minimum Criminal Liability for Immoral Perpetrators That Conducted by Children in the Indonesian Criminal Justice System
- February 15, 2020
- Posted by: RSIS
- Category: IJRISS
International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue I, January 2020 | ISSN 2454–6186
Ida Satriani
Doctor of Law Program, Universitas Jayabaya, Jakarta-Indonesia
Abstract— The purpose of this study is to analyze the minimum criminal liability for child offenders in immoral matters that fulfill a sense of justice in the Indonesian Child Criminal Justice System. The method used in this study is a normative legal research method/descriptive analysis approach. Descriptive analytical means are describing and depicting something that is the object of research critically through qualitative analysis. Because what is intended to be studied is within the scope of jurisprudence, the normative approach includes: legal principles, synchronization of laws and regulations, including efforts to find legal inconcreto. In this study, the researcher focused on several cases involving minimum criminal liability for child offenders in immoral cases that have fulfilled a sense of justice in the Criminal Justice System of Children in Indonesia. The results of this study are the presence of a law relating to juvenile justice, and child protection currently does not provide adequate protection both from the law of the event and from other related legislation such as the juvenile justice law, child protection law, and provisions such as diversion, in practice it is not in line with human rights.
Keywords: minimum criminal liability, criminal justice system, children
I. INTRODUCTION
Legal protection for children is necessary because a child according to a psychological, under the age of 18, has a brain that has not yet developed and is not perfect and this relates to the child’s way of making decisions and thinking where he cannot yet think whether the actions he did and the impact from his actions for others[1].
According to Atmasasmita, there are 2 (two) motivations that cause juvenile delinquency, namely the first intrinsic motivation (within the child) which includes intelligence, age, sex and the child’s position in the family, and secondly extrinsic motivation (outside the child’s self) which includes household factors, education and school factors, child association factors and mass media factors [2].
