The role of unit pelayanan perempuan dan anak (ppa) in implementing restorative justice principles in criminal actions with child offenders (case study in bandung polresta)

10.2478/bjlp-2023-00000200

Abstract

The most recent child protection law ratified by the Indonesian government is Undang-undang No. 35 year of 2014 Amendments to Undang-Undang Nomor 23 Tahun 2002 concerning Child Protection. A new child protection law is needed, because Undang-Undang Nomor 4 year of 1979 felt unable to accommodate all the interests of children in the midst of society. The Child Protection Law provides broader protection compared to Undang Undang Nomor. 4 of 1979 does not specifically include acts violence by parents against children, along with the legal sanctions. The law in general only regulates the responsibility of parents for the welfare of children and even then, only around their guardianship. Welfare as meant in Undang-Undang Nomor 4 year of 1979 protects the responsibility of parents for the realization of child welfare both spiritually, physically and socially. This research is a descriptive-analytical research, with the method used is a normative juridical approach. Data collection techniques used general library research, reviewing laws and regulations, journals, textbooks and articles and field studies via the internet by opening sites or websites available on the internet, using qualitative analysis methods.The problems Identification as follows: 1) How is Law Enforcement of Child Sexual Offenders Related to Undang Undang Nomor 35 year of 2014 concerning Child Protection? and 2) What are the obstacles and efforts in enforcing the law on children who commit sexual crimes in relation to Undang Undang Nomor 35 year of 2014 concerning Child Protection?The conclusions in this study are 1) Law Enforcement of Child Sexual Offenders is Connected with Undang Undang Nomor 35 year of 2014 concerning Child Protection. Where children who are in conflict with the law still have rights that must be safeguarded, namely arrest, detention and imprisonment are last resort, the placement children who are deprived of their liberty must be separated from adults, in cases of sexual crimes both victims and perpetrators must be kept secret in order to prevent their occurrence and labeling. The court process for child cases since being arrested, detained and tried for guidance must be carried out by special officials who understand children's problems. 2) Obstacles and efforts in enforcing law on children who have committed sexual crimes, namely the obstacles faced in enforcing law on children who have committed sexual crimes are that it is difficult for investigators to obtain evidence because not all victims are willing to do a post mortem; The investigators had difficulty obtaining information from the victim, which could be in form of the child's age and level of knowledge of child as well as severe trauma the child was facing; Settlement of cases has not fulfilled the principles of fast, simple and low-cost justice; and the Investigating Party lacks child investigator personnel. The possible efforts that can be made are that the number of personnel in child case investigators needs to be increased; Coordinate with families and child experts; The police investigation environment for children must meet the requirements such as a child-friendly investigation room; and Improving coordination between child investigators and related parties.