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All Journal Law Development Journal
Cucuk Kristiono
Indonesian Police
Humanities Law, Crime, Criminology & Criminal Justice

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Child Position Analysis As A Criminal Actor Of Homosexual In Juvenile Criminal Justice System Cucuk Kristiono; Rakhmat Bowo Suharto
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.581 KB) | DOI: 10.30659/ldj.3.3.666-674

Abstract

The purpose of this study is to formulate government policies in handling children who commit crimes through the Juvenile Criminal Justice System. This study uses a normative juridical method with a library study data collection method. The results of this study indicate that the formulation policy of the Garut Police Criminal Law enforcement through the Garut District Court Decision Number 10/Pen.Pid.Sus-Anak/2018/PN Grt against children as perpetrators of homosexual crimes turns out to be treated the same as children who commit other conventional crimes such as theft. , persecution, fights and others. The decision from the court is that rehabilitation should be carried out, the handling of which is only handed over to Islamic boarding schools, meaning that there is no special treatment in rehabilitating children who commit homosexual crimes. Whereas homosexual perpetrators are deviant behavior and must get special treatment especially if they are still children with the hope of recovering, of course it is greater in the form of integrated treatment not only from the spiritual aspect, there must be treatment from the medical and psychological aspects, so that the goals of rehabilitation will be more maximally achieved. . Suggestions related to the findings of this research is the need to include articles in Act No. 11 of 2012 to regulate more specifically in the implementation of the rehabilitation of children as perpetrators of homosexual crimes.
Reconstruction Of Legal Policy On Decency Crime In Indonesia Based On Pancasila Value (LGBT Rehabilitation Institute For Children) Cucuk Kristiono
Law Development Journal Vol 1, No 1 (2019): June 2019
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (727.064 KB) | DOI: 10.30659/ldj.1.1.25-31

Abstract

YKPN survey results showed that there are about 4000-5000 gay in Jakarta. Gaya Nusantara estimates there are 260.000 of the 6 million residents of East Java is Gay. Gays registered as members of the gay community in Indonesia there are 76.288. While Oetomo estimate, there is 1% of the Homosexual community in Indonesia. Connecting with LGBT victims rehabilitation treatment in children by agency or entity that has not been regulated in Article 292 of the Criminal Code following criminal sanctions if not carried out rehabilitation. Juridical empirical approach is used in hopes obtained a clear and complete picture of the background and the ins and outs of why the implementation of the children rehabilitation of LGBT’s victims urgent to be done and set in article 292 of the Criminal Code in the form of additional verse. Considering article 292 of the Criminal Code did not regulate and discusses how the continuation of children as LGBT’s victim and only focus on criminal prosecution against the perpetrators only. This sort of thing happens because the regulations have not explicitly regulate this issue. LGBT in Indonesia, including the diversion of moral and immoral acts in the category, but in the regulation of fixed elements deemed equal before the law properly human. Because justice remains true for all citizens with regard to the Pancasila values.Keywords: Reconstruction; Rehabilitation; LGBT; Children; Pancasila Value. 
Co-Authors Rakhmat Bowo Suharto