Gorda, AAA Ngurah Tini Rusmini
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Effectiveness of Correctional Institution (BAPAS) Guidance Towards The Fulfillment Of Children's Rights as Murder Perpetrators (Decision Number 19/Pid.Sus-Anak/2022/Pn Dps) Gorda, AAA Ngurah Tini Rusmini; Lestari, Dewi Novita; Kurniawan, I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5750

Abstract

Children need special attention and protection to support optimal physical, mental, and social growth and development. In the legal context, handling children involved in criminal acts, including murder, requires a different approach from adult perpetrators. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) regulates special treatment for children in conflict with the law, with the Correctional Center (Bapas) as a strategic institution in protecting children's rights. This study aims to analyze the effectiveness of the Bapas' role in assisting children who have committed the crime of murder, especially in the case of Decision Number 19/Pid.Sus-Anak/2022/PN Dps. The research method used is an empirical design through interviews with judges at the Denpasar District Court, Bapas Class I Denpasar officers, and informants at the Karangasem Class II Juvenile Correctional Institution. The results of the study indicate that Bapas plays a strategic role in providing legal assistance, community research (litmas), and mediation that prioritizes restorative justice-based resolution. This role aims to ensure that children's rights are protected and children are treated fairly without discrimination, in accordance with Article 1 Paragraph (8), Article 3, and Article 64 of the SPPA Law. The effectiveness of assistance is determined by the professionalism of officers, policy support, and synergy with families and communities. This study emphasizes the importance of an approach based on the principle of the best interests of children in ensuring the fulfillment of children's rights during the legal process, while supporting their rehabilitation and social reintegration.
THE APPLICATION OF CRIMINAL SANCTIONS FOR CHILDREN WHO ARE COMMITTED TO BANGALTY CAUSING DEATH (Study of Decision Number 6/Pid.Sus-Anak/2023/PN Dps) Gorda, AAA Ngurah Tini Rusmini; Rahayu, Ni Kadek Putri Sita; Kurniawan , I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5751

Abstract

During the growth and development of children, the government and society must play an important role in providing attention and concern for the growth of children, social and cultural influences as preventive measures in preventing children from behavior that violates norms are very much needed because in their growth and development, children are not only victims of criminal acts but children can also become perpetrators of criminal acts such as the example of a case of ganging up that caused death where the perpetrator was a minor. In this study, the formulation of the problem is the basis for the judge's consideration in deciding and applying criminal sanctions for children who are perpetrators of ganging up that caused death and legal protection for children as perpetrators of ganging up that caused death. The method used in this study uses the type of empirical legal research, data sources are primary data and secondary data, with a case approach and a fact approach, data collection techniques are interviews and literature studies, qualitative descriptive data analysis techniques. In the discussion, the author uses the theory of judge considerations, the theory of punishment, the theory of legal protection and the principle of the best interests of children. the result of which is The basis for judges' considerations in deciding criminal sanctions for children who commit crimes of assault resulting in death is based on three factors: legal factors (evidence and elements of the crime), philosophical (justice for victims and the rights of child perpetrators), and sociological (social and psychological research of children). Legal protection for child perpetrators of crimes includes preventive and repressive efforts. fulfillment of children's rights during the trial process, in accordance with the principle of the best interests of the child.