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All Journal JUSTISI: Journal of Law Buletin Konstitusi
Sibarani, Fauzi Anshari
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PENERAPAN PRINSIP THE BEST INTEREST OF CHILD TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA KESUSILAAN (STUDI DI KEPOLISIAN DAERAH SUMATERA UTARA) Sibarani, Fauzi Anshari; Ablisar, Madiasa; Marlina, Marlina; Ikhsan, Edy
BULETIN KONSTITUSI Vol 3, No 1 (2022): Vol. 3 No. 1
Publisher : BULETIN KONSTITUSI

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Abstract

Law Number 11 of 2012 concerning the Criminal Justice System for Children (UU SPPA) brings fundamental changes to the juvenile justice system in Indonesia. This can be seen from the adoption of the principle of best interest for children which comes from Article 3 of the United Nations Convention on the Rights of the Child and ratified by the Indonesian government through Presidential Decree No. 36 of 1990 in the process of resolving cases of children in conflict with the law. This is in accordance with the concept of the State in Indonesia, namely the rule of law that applies proper legal principles and the application of the principle of The Best Interest of the Child to children in line with the concept of the rule of law of Indonesia. The principle of the best interest of the child or the principle of the best interest for children contained in the explanation of the Law on the Criminal Justice System for Children which states that the best interest for children is that all decision making must always consider the child's survival and development. The crime of decency that is contradicting the values and norms prevailing in Indonesia continues to occur today. Ironically, even the perpetrator of the crime of decency is a child. The implementation of the handling of children who are perpetrators of crimes of decency by the North Sumatra Regional Police cannot be equated with actions taken by adults. Diversion through the restorative justice approach must be put forward, as referred to in Article 1 number 6 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The North Sumatra Regional Police as the beginning of the gateway to the process of handling decency crimes committed by children in applying the principle of the best interest of the child does not always run smoothly, there are several obstacles to the police in applying these principles, one of which is that the Police does not have a written standard for application of the principle of the best interest of the child against the child offenders of decency crime. The principle of the best interests of the child has not fully become the main consideration, especially in handling in the police. The application of the principle of the best interests of the child must be proportional. The application of this principle is like the fruit of simalakama, on the one hand it aims to protect and nurture children who are in conflict with the law, but on the other hand there are interests of victims and society that must be protected from the point of view of justice.
Harmonizing Law Enforcement Officials Against Child Victims of Narcotics Abuse Sibarani, Fauzi Anshari; Asmadi, Erwin
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2834

Abstract

Law No. 35/2009 on Narcotics explains that drug abuse is considered a crime without victims. In handling children who are involved in drug cases, the main principle that must be considered is the best interest of the child. This principle is contained in the Juvenile Justice System Law, which emphasizes that every decision must consider the welfare of the child's life and development. The legal protection of children caught up in drug abuse causes the boundaries between perpetrators and victims to become blurred, because according to the law, drug abuse is considered a criminal offense. Therefore, the legal establishment of both the Police, the Prosecutor's Office and the Judiciary needs harmonization so that the application to children who abuse drugs can be put forward, so that children can be given legal certainty in terms of justice. This study is to analyze the harmony of legal confirmation on children as victims of drug abuse. The method used is normative juridical research with a focus on literature study which uses secondary data. The conclusion of the research is that children as victims of narcotics abusers must be given sanctions in the form of rehabilitation, not imposed criminal sanctions because what children do is a crime but without causing victims (crime without victim), harmonization of law enforcement agencies (APH) in cases of children becoming victims of drug abusers must be aligned for the welfare of children.
Co-Authors Edy Ikhsan Erwin Asmadi Madiasa Ablisar Marlina Marlina