PERBANDINGAN PERTANGGUNGJAWABAN PIDANA ANAK DALAM HUKUM PIDANA INDONESIA DENGAN HUKUM PIDANA MALAYSIA

Sumartha, Alvina Emanuella (2024) PERBANDINGAN PERTANGGUNGJAWABAN PIDANA ANAK DALAM HUKUM PIDANA INDONESIA DENGAN HUKUM PIDANA MALAYSIA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The differences in legal systems adopted by Indonesia and Malaysia result in variations in legal provisions regarding the criminal responsibility of children who commit offenses. Despite adhering to different legal systems, both countries refer to and are guided by the Convention on the Rights of the Child (CRC) to protect the interests of children. Indonesia regulates the criminal responsibility of children under Law Number 11 of 2012 concerning the Juvenile Justice System, while in Malaysia, it is found in the Malaysian Penal Code Act 574 (Kanun Keseksaan/Laws of Malaysia Act 574 Penal Code) and the Child Act 2001 (Act 611). Based on the normative legal research method employed in this study, the research findings indicate that Indonesia and Malaysia have their own legal regulations concerning child protection. A significant difference in the criminal responsibility of children is observed in the minimum age for criminal responsibility and the application of the Doli Incapax doctrine to understand a child's comprehension of their actions. Additionally, in Malaysia, there is a lack of implementation of restorative justice and diversion approaches for children in conflict with the law, unlike what is stipulated in Law Number 11 of 2012 concerning the Juvenile Justice System in Indonesia.

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