THE IMPLEMENTATION OF CRIMINAL CONVICTIONFOR CHILDREN UNDER THE AGE OF CRIMINAL RESPONSIBILITY BASED ON JUSTICE VALUE

Abstract

The sentence handed down by the court under the age of criminalresponsibilityaims to restore the victim's state before the occurrence of a criminal event. According to Law No. 35 of 2014, changes to Child Protection can be interpreted as all efforts aimed at preventing rehabilitation and empowering children who experience acts of mistreatment, exploitation, and neglect to ensure survival, growth, and development, both physically and physically mentally and socially. In the criminal justice system, children incriminal responsibility age should be applied to the principle of restorative justice. So far, imprisonment is used as the main sanction for perpetrators of crimes found guilty in court. Whereas what is needed by the community is the maximum condition as before the crime. The value of justice determined by the government apparatus is based on the laws in force in Indonesia. Researchers can investigate the value of justice through diversion and restorative justice that is enforced by children in conflict with the law.

The research method used is normative legal research. In this study, a positivistic paradigm through a sociological juridical approach is used. Concerning the study of positive law and legislation. Researchers used a descriptive qualitative approach. The method of approach used in research conducted, in legal research, with material collection techniques with library research.

Protection and care for children is a form of accountability for parents, families, communities, governments, and the state. Moreover, it is a series of activities carried out continuously in order to protect the rights of children, whether children as victims or perpetrators or children in conflict with the law do not deserve to be punished moreover then put in jail. This justice value is through diversion and restorative justice that is applied by children who conflict with the law on the Reconstruction of the Age of Children and the Requirements of Restorative Justice in Law No. 35 of 2014 Regarding Changes to Law No. 23 of 2012 Concerning Child Protection Based on Justice Value.