HADIBAH ZACHRA WADJO, 031070516 (2017) PEMIDANAAN ANAK DALAM PERSPEKTIF PERLINDUNGAN HUKUM ANAK. Disertasi thesis, Universitas Airlangga.

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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.

Item Type:	Thesis (Disertasi)
Additional Information:	KKB KK DIS.H.04/17 Wad p
Subjects:	K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K5000-5582 Criminal law and procedure > K5575-5582 Juvenile criminal law and procedure
Divisions:	03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:	Creators NIM HADIBAH ZACHRA WADJO, 031070516 UNSPECIFIED
Contributors:	Contribution Name NIDN / NIDK Thesis advisor DIDIK ENDRO PURWOLEKSONO, Prof. Dr., S.H., M.H. UNSPECIFIED
Depositing User:	mrs hoeroestijati beta
Date Deposited:	30 Oct 2017 18:00
Last Modified:	30 Oct 2017 18:00
URI:	http://repository.unair.ac.id/id/eprint/65099
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