Yamin, Muhammad (2023) Kebijakan Hukum Pidana Terhadap Anak Sebagai Residivis Dalam Sistem Peradilan Pidana Anak Di Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

Criminal punishment is misery or suffering that is imposed on someone who is legally proven to have committed a crime by a court. The process of imposing criminal penalties on children has its own rules that are not the same as adults, which are regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The problem faced is the number of juvenile delinquency cases where the perpetrators are former child convicts who are recidivist. Recidivists occur when former child convicts do not yet have full readiness to face the process of integration into society. In practice, children as recidivist perpetrators have not received clear arrangements in the juvenile criminal justice system law, only mentioning that children as recidivist perpetrators are not entitled to diversion and there is no regulation on the weighting of punishments/sanctions for children who are recidivist. In addition, the law is no longer in accordance with the legal needs in society and has not comprehensively provided special protection for children in conflict with the law. Thus, there is a need for a paradigm shift in handling children as recidivist perpetrators who are in conflict with the law The main problem in this research is how the criminal law policy towards children as recidivists in the current juvenile criminal justice system is? and how the criminal law policies towards children as recidivists in the juvenile criminal justice system in Indonesia in the future?. This type of research is normative juridical law research, which is a study that discusses legal synchronization. The purpose of this study is to provide a systematic description of factual matters that occur accurately regarding the Criminal Law Policy Against Children as Recidivists in the Child Criminal Justice System in Indonesia in the future. Criminal law policies against children as perpetrators of repeated criminal acts (recidivism) in the Criminal Code are not clearly regulated, that the form of weighting of sentences is generally imposed with a weighting plus 1/3 of the sentence imposed, this weighting is only carried out for adults who commit crimes repeatedly. Based on Law no. 11 of 2012 concerning the Juvenile Justice System and Law Number 35 of 2014 concerning Child Protection, there is no single norm that regulates the punishment of children who commit repeated criminal acts (recidivists). Criminal law policies against children as recidivist in the juvenile criminal justice system in Indonesia in the future are carried out through several efforts, namely the formulation stage, application stage and execution stage. Future legal policies must prioritize the purpose of punishment which prioritizes coaching rather than nesting or imprisonment, so that it is in accordance with the spirit of the beginning of the birth of the juvenile criminal justice system law.

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