PENETAPAN ANAK SEBAGAI TERSANGKA DALAM TINDAK PIDANA TERORISME OLEH PENYIDIK DITINJAU DARI PENDEKATAN KEADILAN RESTORATIF

Cinthya, Annastasya Bara (2019) PENETAPAN ANAK SEBAGAI TERSANGKA DALAM TINDAK PIDANA TERORISME OLEH PENYIDIK DITINJAU DARI PENDEKATAN KEADILAN RESTORATIF. S1 thesis, UAJY.

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Abstract

Child cannot be separated from the life of human being or a nation. Indonesian Constitution firmly requires the government to ensure the fulfillment of human rights of children and protect them against violence, discrimination and other human right abuses. When a child misbehaves or breaks the law, the actions are mostly caused by external factors. Recently, terrorism has been growing wider and threatening the society. The deep concern is that sometimes terrorism deliberately involves children. Investigation is one step in the law enforcement process. Therefore, in investigation involving children as the suspects must ensure that their rights are fulfilled. One of child human rights is diversion based on restorative justice. The next question is whether the decision toward a child suspected in terrorism has been in accordance with restorative justice. The result of the research shows that the investigation on children in conflict with the law in some aspects has been in accordance with the restorative justice approach, in which there is no diversion. The suspected child is sentenced with more than seven years’ imprisonment. The rights of the child, however, are not optimally fulfilled. Therefore, the control over investigators especially those assigned to conduct the investigation upon the suspected child must be intensified.

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