TINJAUAN DISKRESI KEPOLISIAN TERHADAP ANAK PELAKU TINDAK PIDANA MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

., KORNELIS (2013) TINJAUAN DISKRESI KEPOLISIAN TERHADAP ANAK PELAKU TINDAK PIDANA MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK. S1 thesis, UAJY.

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Abstract

Criminals growth in Indonesia, not only by adults but also by children. Handling of child offenders by police was different, this is due to the child's psychological growth still unstable. In dealing with criminal offenses committed by children, police use discretion authority. How does the application of police discretion against child offenders and any constraints faced by the police? Legal research aims to determine the application of police discretion and the obstacles encountered when dealing with criminal offenses committed by children. Legal research is a normative legal research. Data were analyzed qualitatively and reasoning methods used are deductively that the deduction of general knowledge and is used to assess a particular incident. Children in conflict with the law is a 12 years old, but not yet 18 years old suspected of committing a crime. Delinquency is an act which if committed by an adult is a crime, but the child is not a crime because it is considered as a process for identity. Juvenile justice system is the overall process of settlement of children in conflict with the law, from the investigation stage to coaching after convicted. Children who commit criminal acts, can be decided live action and penalties, to account for his actions. Police is all the happenings related to the functioning and police agencies in accordance with the legislation. The main task is to maintain the security police and public order, enforce the law, provide protection, guidance and service to the community. Meanwhile, police discretion is a policy based on the power to act on the basis of judgment and self-confidence. Police discretion in implementing is done by the police summoned the parties involved in criminal child, in order to do consultation and consensus. The party is made up of actors, parents offender, the victim and the victim's parents. Result of the agreement submitted to the court and specified. Then, the results of the agreement executed by the parties concerned. Constraints faced by the police is the victim or the victim's parents and try to process child offenders to court. In addition, parents try to protect criminal offenders or unwilling to resolve crimes committed by children.

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