THE PUNISHMENT OF CHILDREN AS A PERPETRATOR OF ACTION OF CRIMINAL VIOLENCE REFERRED FROM REGULATION OF THE CHILD PROTECTION (CASE STUDY OF CRIMINAL VERDICT NUMBER 641 / PID B / 2016 / PN BKS)

Abstract

The problem of child naugthiness nowadays remains an actual issue, almost in all countries of the world including Indonesia. There are many factors cause a child tend to naugthy which classified as a crime and considered as a child naughtiness. It would be unfair if naughty child make a crime and disturbing society didn’t get punshiment, but it is inappropriate if the child get the same punishment as well as punishment which the adult get. In this study, the author anlyze a case of Bekasi District Court Number 641 / Pid. B / 2016 / PN. Bks discuss about punihsment of children who commit violent acts togehter. The main of problem identification in this research is how to prove the constituents of criminal acts in public does the violence against people, and how the application of provement according to the judge consideration in violence to against people. This research is a literature review with normative approach and aims to create a comperative theory of child criminal responsibility in the view of Law Number 3 year 1997 concerning the Juvenile Court focuses on children based on Law Number 23 year 2002 of Child Protection. The difference is in the purpose of children punishment. The llaw of child has been conceptualized with improvement and teaching as the purpose of crime. From the clarity of this objective, then the implementation of witness who become the authority is adapted to the child psychological conditions. Legal protection which provided is not fully implemented as regulated in existing regulations, Legal protection that has been implemented, such as the provision of legal aid; the secrecy of the victim's identity; arrest of the perpetrator with evidence of the beginning; other provision of health services; rehabilitation efforts. While the law that is not well implemented is the lack of social worker, volunteer as a victim's companion. In addition, the government should also optimize the rights of children. Child Protection Law, Child Welfare Law to the society and schools and colaboration with police and P3A institutions, LSM, so that the public better understand the rights of children and expected to reduce the number of violence in the next year. Besides that, it is necessary that society parcitipate to be a volunteer to assist children of naugthiness.