Karya Ilmiah

DISERTASI (152) - Pemidanaan Anak Dalam Perspektif Perlindungan Hukum Anak

---

ABSTRACT

This is research lacking generally aims find a form of legal
arrangements relating to the setting of punishment of children in the child
protection perspective, therefore research is expected to contribute to the
concept that the validity of the theoretical and practical aspects of criminal
law, especially criminalization of children, so that will provide clarity
associated with criminal sanctions children in child protection perspective. In
this study, there are three legal issues raised, namely: 1. Philosophical
punishment of children in the child protection perspective; 2. Characteristic of
punishment of children, which is based Restorative Justice; 3. Implementation
punishment of children.
Analysis of the criminalization of children in child protection
perspective in the study on legal concepts that will be used to provide an
understanding of the propositions on which the formulation of the law. The
next step will be determined to assess and analysis legal issues are done
through the construction of thought in the science of law by promoting a
systematic and structuring aspects of the legal issues raised. This is study
normative approach using legislation, the concept approach, the comparative
approach and approach cases.
The results achieved by the existing legal issues are philosophically,
punishment of children as children in conflict with the law is inseparable part
of human survival of a nation. The principles contained on the principles of
equality, fairness, the principle of freedom from fear, the principle of the
protection, welfare principle and the principle of the best interests on the
child. Criminalization characteristics in the perspective of the legal protection
on child can be seen in the effort, which is based Diversion Restorative
Justice, that’s a norm already provides legal protection has been better for
children in conflict with the law but it’s an implementation, all law
enforcement officials seeking Diversion. Judge's decision that still impose
imprisonment for a child accommodated Restorative Justice contained in Law
11/2012. Implementation of punishment of children, child Ius constituendum
arrangements with in the limits of punishment and norm sanction Diversion a
specifically regulated in Law 11/2012 so institution specialized Diversion
child at the handling of cases of children to the level of investigation which
has the authority to make an effort Diversion. And facilities that include
LPKA, LPAS, LPKS Human Resources (HR) of officers who deal with
children perpetrators of criminal acts are prepared for the application of
Restorative Justice.

Keyword : Criminalization, Legal Protection On Child, Restorative Justice,
Divertion

---

Ketersediaan

031070516

152

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

152

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PIDANA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar