Kebijakan Hukum Pidana Dalam Penanganan Perkara Pidana Anak di Indonesia

Abstract

The birth of Law Number 11 of 2012 concerning the
Criminal Justice System for Children (SPPA) brought a breath
of fresh air in the development of child criminal law in
Indonesia. Therefore Law Number 3 of 1997 concerning
Juvenile Court is no longer valid. The Children's Judicial
System Law currently adopts many international agreements
which are expected to improve and bring about changes in the
handling of child criminal cases. The policy of penalties in the
SPPA Act now pays more attention to the protection of the
rights of children in conflict with the law at every level of
justice, one of which is evident from the reduction in the period
of detention of children in the judicial process from 200 days to
only 110 days. In addition, a new policy emerged in the world of
juvenile justice, namely the concept of diversion and restorative
justice. Diversity and Restorative Justice are policies that can
be taken by law enforcers to shift the process of handling
formal cases to non-formal (without using criminal law). With
diversion and restotarive justice policies, it is expected to be
able to eliminate the adverse effects of children when entering
the criminal justice process and the perpetrators can realize
mistakes, give a sense of suspicion for the actions committed
and not repeat their actions