WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK
Abstract: One of the police
authorities is a discretionary action, where the action can also be done at the
time of the investigation in dealing the juvenile offenders to protect
children’s right to get justice and maximum legal protection. In the Law Number
11 of 2012 on the Juvenile Criminal Justice System stipulate about the
investigator authority to carry out action of diversion, but this only applies
to children under sentence of less than 7 years in prison and does not apply in
children who are subject to punishments of more than 7 years in prison. This is
contrary to the 1945 Constitution and the Law Number 23 of 2002 which
emphasizes the protection of children before the law an the efforts to avoid
imprisonment of the juvenile offenders. The thesis describes the police
authority and the legal mechanisms and policies by the investigator in
protecting the right on the juvenile offenders that puts the principles of
legal protection. In order to avoid negative effects on children, therefore the
police discretion is needed to avoid restrictions on freedom of the children’s
right. The method used is a normative legal research method, where the
normative or library legal research method is done by examining existing
library materials. The writer suggested to the government to be more serious in
dealing with the problems of children, especially for the juvenile offenders so
that the welfare and right of children are protected and to avoid restrictions
on freedom and minimize for juvenile offenders.
Keywords: Police Authority,
Police Discretion, Legal Protection for Juvenile Offenders
Penulis: I Wayan Juwahyudhi
Kode Jurnal: jphukumdd130073
