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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-3 | Issue-04 | 93-98
Original Research Article
Supervisory Sanctions against Children in Conflict with the Law
Andi Drie Gunawan, Muhadar, Nur Azisa
Published : April 7, 2020
DOI : 10.36348/sijlcj.2020.v03i04.003
Abstract
The purpose of this study is to analyze the criminal penalties and criminal liability of children, as well as the mechanism of supervisory sanctions for children in conflict with the law. This type of research is normative juridical research. The legal material used is primary legal material and secondary legal material. Data collection techniques used to obtain data and information through library research methods. Primary legal materials and secondary legal materials that have been collected and then analyzed which will later be linked to the principles, legal theories and the formulation of existing legislation and conclusions can be drawn. The results showed that the elements of criminal accountability were (1) Capable of being responsible; (2) There are errors; and (3) Absence of forgiving reasons. All three elements must be fulfilled by a child when he will be held accountable before the law. The imposition of criminal sanctions for supervision of children in conflict with the law is reviewed from the perspective of a criminal law on child protection based on Law Number 11 of 2012 concerning the Criminal Justice System for Children. The imposition of supervision criminal is based on the type of crime committed by the child.
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