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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Proceeding International Seminar of Islamic Studies INSPIRING LAW JOURNAL
Hasibuan, Hamdi
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Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences Other

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LEGAL PROTECTION OF CHILDREN AS CONVICTS Hasibuan, Hamdi
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

Appropriate handling and law enforcement is needed against children as perpetrators of criminal acts of abuse. If a child violates the law, the child must be held accountable for his actions, however, even though he must be held accountable for his actions, the child must be protected. Child protection is closely related to the five pillars namely, parents, family, community, government, regional government and the state. The five are related to each other as child protection providers. According to Article 4 of the SPPA Law, a child who is undergoing a criminal period has the right to Remission or reduction of his criminal past, Assimilation, Leave to visit family, Conditional release, Leave before release, Conditional leave and other rights in accordance with statutory regulations. In addition, the principle of protection in the SPPA Law can be seen in terms of imposing sanctions. Children as perpetrators of criminal acts can be subject to 2 (two) types of sanctions, namely action sanctions (perpetrators of crimes under 14 years old) and criminal sanctions (Article 69 of the SPPA Law).
Legal Review Regarding Guidance at the Special Child Guidance Institution (LPKA) Hasibuan, Hamdi
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

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Problems arise when density occurs in LPKA, as explained above, the era of globalization tends to have a negative impact on the younger generation, thus encouraging them to commit a crime. As a result of the rapid and rapid development of information technology, sooner or later it will renew human behavior and civilization globally, because information technology makes the world limitless. The guidance system at the Special Child Guidance Institution (LPKA) in accordance with the integration policy aims to provide holistic protection, education, and rehabilitation for children in conflict with the law. Ideally, children receive formal education equivalent to public schools as well as vocational skills training to prepare them to return to society with adequate provisions, in addition to the implementation of the Psychosocial Rehabilitation Program, this program includes individual and group counseling, therapy, and social activities aimed at improving the psychological and social conditions of children. So that children are encouraged to participate in various recreational and sports activities to develop social and physical skills and maintain their mental health. Furthermore, in order to maintain the ethics and morals of children in LPKA, Religious and Moral Guidance is important to do, this program provides religious education and moral guidance to shape the character of children so that they have a strong moral foundation. Through this integration policy, it is hoped that children can undergo guidance more effectively and can reintegrate well into society, reducing the possibility of them being involved in criminal acts again
Optimizing Diversion Policy Due to Overcrowding in Children's Special Development Institutions (LPKA) Hasibuan, Hamdi; Mansar, Adi; Perdana, Surya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4469

Abstract

Child convicts are separated from adult convicts so that they are placed in the Special Children's Development Institution (LPKA), where this is a place for child convicts, not as a place to administer punishment as we know in Correctional Institutions (Lapas) which contain adult convicts. The essence of diversion with a restorative justice approach is the "transfer" of the process of resolving criminal acts from inside to outside the court through the method of consensus deliberation by prioritizing "restoration", "improvement" of the original situation before the crime occurred and by meeting the needs of victims, perpetrators and the community. This is stated in Article 8 of the SPPA Law that diversion is carried out through deliberation involving many parties. The results of diversion are expressed in the form of a "diversion agreement" which generally takes the form of peace (with or without compensation), handover to parents/guardians, education/training at educational institutions or LPKS; or community services. Negative impacts arising from the decline of prison and detention center residents include burdening staff, deterioration of living conditions, lack of access to education, training and employment, quality of health and physical and mental comfort which triggers tension and violence, increasing the risk of disease transmission. , also has an impact on state finances, human rights issues, health issues, security and economic issues due to illegal levies, security for officers, and the effectiveness of coaching. Therefore, it is important to have policies to mitigate the impacts arising from the overcrowding that occurs in prisons and detention centers
Co-Authors Adi Mansar Perdana, Surya