PERTIMBANGAN KEPOLISIAN TIDAK MENGAJUKAN ANAK PELAKU TINDAK PIDANA KE PROSES PERADILAN MENURUT UNDANGUNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

JADERA, KARTONO JULRIAS FRITS (2015) PERTIMBANGAN KEPOLISIAN TIDAK MENGAJUKAN ANAK PELAKU TINDAK PIDANA KE PROSES PERADILAN MENURUT UNDANGUNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK. Jurnal Ilmu Hukum. p1-13.

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Abstract

Children are one of human resources and constitute young generation, they should get appropriate attention, particularly from government. Regarding to children development, it is needed facilities and infrastructures of law which is expected to anticipate all children related problems. A child has a right to get special protection, mainly from law in the justice system. Substantially, UU No. 11 Tahun 2012 about the Criminal Justice System changes point of views that condemnation should be last way for children dealing with law, so that it would change condemnation approached to children. Due to the introduction above, thus it can be concluded some point of problem as following: what are police’s considerations in submitting lawsuit of criminal acts of children and what are the obstacles in implementing diversion in accomplishing criminal acts done by children? Methodology of this study is normative research method. This study is focused on positive norm of law which is formed in regulatory about Criminal Justice System of children related to police’s considerations in submitting criminal offender to court process based on UU No. 11 Tahun 2012.The conclusion of this study is there found police’s basic consideration in submitting children lawsuit as criminal acts offender to the court. Those three police’s consideration are firstly, because of diversion process couldn’t be attained in accomplishing criminal acts by children which is caused by the absence of offender in deliberation process. Second, the criminal acts done by offender was basically be threatened by criminal penalties above seven years. Third consideration is criminal acts done by children constituted repeating or previously done. Regarding to conclusion above, thus it is obtained suggestions that it’s needed support from offender party and society in handling criminal acts by children through diversion. Besides, it is also needed training and publication about procedures and processes of criminal acts based on UU No. 11 Tahun 2012 about Criminal Justice Systems of Children.

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