Vol. 6, Issue 5 (2020)
Reconstruction of legal protection of children as defendant in the Indonesian juvenile justice system
Author(s): Maulana Kamal, Mahmutarom, Akhmad Khisni
Abstract: Justice for Children as Defendant in the court in Indonesia needs attention because its conditions still not reflect the value of justice. This problem encourages the author to examine it more deeply into a study with the subject discussed are how to protect the defendant in the juvenile justice system in Indonesia today and how the ideal construction of child protection as a defendant in a juvenile justice system is more just. In analyzing this problem, the author used the sociological juridical approach. The research specification is descriptive analysis where Research locations are the District of Cirebon. Primary data sources were obtained directly from respondents whereas the secondary data are literature study. Data is presented in the form of descriptions that are arranged systematically, logically and rationally, analyzed using qualitative descriptive techniques. Research shows that regulation of child protection as a defendant in the juvenile criminal justice system still share similarities and differences in determining the categories of children and adults. This similarities and differences in determining the maturity and punishment that can be imposed on a child who is a criminal offender need to be differentiated as the system does not yet reflect the value of justice because it equates people aged under 18 who are already married and those who are not. Therefore, The ideal reconstruction of child protection as a defendant in a more just juvenile justice system should be in Article 1 number 3 of the Juvenile Justice System (UU-SPPA), which changed in to: Juvenile (ABH) is a child who is 12 (twelve) years old, but not yet 18 (eighteen) years old. And unmarried who are suspected of committing a criminal act. And Article 7 UU-SPPA changed in to: At the level of investigation, prosecution and examination of cases of children in district courts, it is mandatory for Diversion to be sought without being burdened with the provisions.