Jurnal Bina Mulia Hukum
Vol. 8 No. 1 (2023): Jurnal Bina Mulia Hukum Volume 8 Nomor 1 September 2023

IMPLEMENTATION OF THE BEST INTERESTS PRINCIPLE FOR CHILDREN WHO COMMIT VIOLENT CRIMES RESULTING IN THE DEATH OF CHILDREN (STUDY IN THE CENTRAL JAKARTA DISTRICT COURT)

Amin, Rahman (Unknown)
Al Aziz, Muh. Fikri (Unknown)



Article Info

Publish Date
04 Nov 2023

Abstract

Children are the future generations of the nation and state, and it is essential that they receive protection to ensure their growth into fully developed human beings. However, in today's society, many children become entangled with the law, go through legal processes, and even face criminal sentences, where the principle of the best interests of the child is not yet the primary consideration for law enforcement authorities in handling cases involving children. This situation can have negative effects on a child's development. This study is a normative-empirical legal research with a legislative and case-based approach. The research findings indicate that the implementation of the best interests principle for children who commit violent crimes resulting in the death of children (a study conducted in the Central Jakarta District Court) is not yet optimally realized. During the legal proceedings, investigators and prosecutors still detain children, imprisonment remains the prosecutor's choice in the indictment, and during the trial, judges still opt for primary imprisonment as a punishment, even though there are alternative forms of sanctions such as rehabilitation, either within or outside institutions, which could be imposed on children, considering the conditions they are currently experiencing for their future well-being and development.

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Journal Info

Abbrev

JBMH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Jurnal Bina Mulia Hukum (JBMH) publishes peer-reviewed public and private law articles from scholars, policy makers, and legal practitioners. The majority parts of the journal focus on national related issues; other parts focus on comparative and transnational law issues, to stand on Indonesian ...