KEBIJAKAN LEGISLATIF SISTEM PEMIDANAAN SEBAGAI UPAYA PERALINDUNGAN HUKUM TERHADAP ANAK DI INDONESIA

Abstract

The regulation on the criminalization system in the positive criminal justice, as stipulated in Criminal Code and Law Number 3 of 1997 on Children Court, viewed from the formulation policy aspect, still has weaknesses and shortages. The problems of this research are: First is whether the policy on criminalization system toward children in positive justice in Indonesia is relevant to the objectives of children legal protection. Second is how the legislation of the renewal on the criminalization system that can provide the legal protention for children of Indonesia is. This research is a descriptive and prescriptive research. The research uses normative juridical approach. The result of the research concludes that, first, the formulation policy on criminalization system toward children in positive criminal justice both in Criminal Code and Law Number 3 of 1997 on Children Court, viewed from policy/criminal political aspect , is not yet relevant with the essence of the implementation of children court, namely to give legal protection and rehabilitation to delinquent children. Second, the concept of formulation system on children criminalization which can give protection to reach the children welfare, to name but a few, integrated and non-partial regulation on the criminalization system.