PERSPEKTIF HUKUM PIDANA INDONESIA DALAM MELINDUNGI ANAK YANG BERHADAPAN DENGAN HUKUM

Abstract

Legal Protection for Children in conflict with the law as victims of crime or children as witnesses, that children in conflict with the law are very vulnerable and therefore need to be protected, this protection is regulated in Law Number 17 of 2016 Second Amendment to Law No. 23 of 2002 concerning Child Protection, Law No. 15 of 2003 concerning the Eradication of Terrorist Crimes and Law Number 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning the Protection of Witnesses and Victims. which regulates the protection of victims of crime and children who become witnesses comprehensively, such as physical, psychological, medical and economic protection and most importantly that protection is aimed at children as victims and witnesses, against all types of crimes. Legal Protection for Children as Criminals is an effort to ensure children's rights, as stipulated in Article 3 of Law Number 11 of 2012, are protected by the government and must be protected. Legal protection for children in conflict with the law as criminals can also be achieved through diversion in the Juvenile Criminal Justice System Law, which diverts the resolution of children's cases from the criminal justice process to a process outside the criminal justice system. If the case committed by the child is still considered a minor offense, detention is not necessary; however, if the case is classified as a serious crime, detention may be imposed. Furthermore, children as criminals can only be tried in closed Juvenile Courts, and the only penalties that can be imposed are imprisonment or deprivation. The maximum penalty for imprisonment is 10 years, or half the principal penalty.

Keywords: Protection, Children, In Conflict with the Law.