PERTANGGUNGJAWABAN PIDANA ANAK SEBAGAI PELAKU TINDAK PIDANA PEMBUNUHAN DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Abstract

Talking about children is very important because children are the potential fate of humans in the future, they are the ones who play a role in determining the history of the nation as well as a mirror of the attitude of the nation's life in the future. Children who violate the norms of society and commit criminal offenses are commonly referred to as 'delinquent children'. However, in Law No. 11/2012 on the Juvenile Justice System which replaces Law No. 3/1997 on Juvenile Courts, the term 'delinquent child' is replaced with the term 'child in conflict with the law'. Where in Chapter I Article 1 point 2 it is said that: “Children in conflict with the law are children in conflict with the law, children who are victims of criminal acts and children who are witnesses to criminal acts”. Furthermore, in point 3 it is stated that: “Children in conflict with the law, hereinafter referred to as 'Children', are children who are 12 (twelve) years old, but not yet 18 (eighteen) years old, who are suspected of committing a criminal offense”. For children as mentioned in point 3, punishment or sanctions in the form of action or punishment can be imposed if proven to have violated the criminal law. In Chapter V Article 69 of this Law it is emphasized that children in conflict with the law can be sentenced to punishment and action.