Children's Rights Conflict with the Law in the Time of the COVID-19 Pandemic
DOI:
https://doi.org/10.6000/1929-4409.2021.10.134Keywords:
Children's Rights, Legal Conflicts, the Covid-19 PandemicAbstract
Children are individuals who are less than 18 years old. Children both in the constitution of the Republic of Indonesia and internationally have the right to be protected. This scientific work aims to analyze the rights of children who are in conflict with the law during the covid 19 pandemic, do children who are in conflict with the law during the covid 19 pandemic get special rights? The method used to obtain data in this scientific work is using the empirical juridical method with primary data obtained directly. Based on the results of the analysis conducted, the rights of children who are in conflict with the law during the COVID-19 pandemic in Indonesia get special rights or get special treatment. The rights of children given are the right to survival (survival rights), the right to grow and develop (development rights), the right to obtain protection (protection rights), the right to participate (participation rights). Giving health rights to children in conflict, and resolving legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children.
References
Abdussalam. 2007. Hukum Perlindungan Anak. Jakarta: Restu Agung.
Atmasasmita, Romli. 2009. Problem Kenakalan Anak-anak Remaja. Cetakan Kedua. Bandung: Armico.
Beneitez. Maria José Bernuz, Dumortier. Els., 2018. Why Children Obey the Law: Rethinking Juvenile Justice and Children’s Rights in Europe through Procedural Justice. Youth Justice, 18 (1): 34-51. https://doi.org/10.1177/1473225417741225
Dellyana, Shanty. 2012. Wanita dan Anak di MataHukum. Yogyakarta: Liberty.
Farasonalia, R. 2021. Selama Pandemi Covid-19, Kasus Anak Berhadapan dengan Hukum di Jateng Meningkat 10 Persen. Sumber: https://regional.kompas.com/read/2021/01/04/ 22393921/selama-pandemi-covid-19-kasus-anak-berhadapan-dengan-hukum-di-jateng?page=all.
Farid, Mohammad. 2016. Hak Anak yang Berkonflik dengan Hukum. Cetakan Kedua. Yogyakarta: Setara.
Indarsih, Y. 2020. Application of Diversion for Children in conflict with the Law: How is the Criminal Justice system. Journal of Law Science, 2(1, Januari): 1-8. Retrieved from https://iocscience.org/ejournal/index.php/JLS/article/view/1275
Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection.
Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights.
Makogon, Boris V. et al. 2020. Law Enforcement as Discretion and Legal Process. International Journal of Criminology and Sociology. Volume 9: 1918-1921. https://doi.org/10.6000/1929-4409.2020.09.223
Meliala, A. Qirom Syamsudin dan E. Sumaryono. 2005. Kejahatan Anak Suatu Tinjauan dari Psikologi dan Hukum. Yogyakarta: Liberty.
Presidential Decree Republik of Indonesia No. 36 of 1990 concerning Ratification of the Convention On The Rights Of The Child (Convention on the Rights of the Child).
Sagala, E. 2018. Hak Anak Ditinjau Dari Hukum Dan Hak Asasi Manusia. Jurnal Ilmiah Advokasi, 6 (1): 16-23. https://doi.org/10.36987/jiad.v6i1.259
Sharyn Graham Davies and Jazz Robson. 2016. Juvenile (In) justice: Children in Conflict with the Law in Indonesia. Asia-Pacific Journal on Human Rights and the Law, 17 (1) : 119-147. https://doi.org/10.1163/15718158-01701009
Wadong, Maulana Hasan. 2012. Pengantar Advokasi dan Hukum Perlindungan Anak. Jakarta: Grasindo.
Widayanti, N., dan Anoraga, P. 2007. Perkembangan Kejahatan dan Masalahnya Ditinjau dari Segi Kriminologi dan Sosial. Jakarta: Pradnya Paramita.
Yusuf, Y. 2019. KPAI Catat 11.116 Anak Tersangkut Tindak Kriminalitas. Sumber: www.metro.sindonews.com/berita/ 1386477/170/kpai-catat-11116-anak-tersangkut-tindak-kriminalitas.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Policy for Journals/Articles with Open Access
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work
Policy for Journals / Manuscript with Paid Access
Authors who publish with this journal agree to the following terms:
- Publisher retain copyright .
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work .