The Formulation Policy in Involving Bapas in the Restoration of a Child’s Rights Post Free Verdict

The purpose of writing this article is the Policy on the Formulation of Bapas' Involvement in Restoring Children's Rights after the Free Verdict. The study method uses a statutory approach (statue approach), a case approach (case approach), and a conceptual approach (Conceptual Approach). Children as perpetrators of crime are sometimes not purely of the intentions of their own children, but victims of persuasion or influence of adults around them. Although the crime is carried out by children together with adults, but the rules on the imposition of punishment against children are different from adults in the Law of the Republic of Indonesia Number 4 of 1979 concerning Child Welfare (hereinafter referred to as the Child Welfare Act). There are several main types of criminal for children, and imprisonment is the last choice for judges in convicting children who are in conflict with the law, while the implementation of the Penal System has the ultimate goal of creating self-reliant prisoners or building independent people. Penitentiary philosophy and practice (system) basically requires understanding and synchronizing work between law enforcement agencies in the Criminal Justice System. And someone who is under the guidance of BAPAS (Article 1 Number 9). The role of the National Development Planning Board can be seen in Government Regulation Number 1 of 1999 Concerning Guidance and Guidance of Prison Assisted Citizens. Based on the SPPA Law related to the task of BAPAS above there is no assistance to children if the child is terminated freely because his actions are not proven legally violate the law, in terms of the child has gone through every process of juvenile justice, because of that indirectly the government or law enforcers must also pay attention to the child's condition after the criminal justice process of the child


experience.
Based on the explanation above, it can be concluded that there are several main types of criminal penalties for children, and imprisonment is the last choice for judges in convicting children who are in conflict with the law, while the implementation of the Correctional System has the ultimate goal of creating self-reliant prisoners or building an independent human being. Penitentiary philosophy and practice (system) basically requires understanding and synchronizing work between law enforcement agencies in the Criminal Justice System. The authority of the police, prosecution and court is enormous to criminalize or not criminalize someone, and return it to the community. Without the support of other Criminal Justice Sub-systems, in this case the police, prosecutors and courts, the objective of Reintegration from Corrections is relatively difficult to achieve. In addition, the implementation of (Correctional) Correctional System, requires facilitative support and human resources with appropriate quality. Therefore, in changing the penal system (system), administrative aspects become important (Iqrak Sulhin, 2010).
Criminal Justice System in the framework is a series of activities carried out to enforce criminal law and maintain social order, carried out starting the work of the police in carrying out criminal investigations, prosecution by the Public Prosecutor, examining cases in court and carrying out sentences in Correctional Institutions (hereinafter referred to Lapas) , Detention House (hereinafter referred to as detention center) and detention branch. The entire series of activities must support each other synergistically so that the objectives of the Criminal Justice System can be achieved, one of the activities in the series of criminal justice system activities is carried out by BAPAS which is part of the prison penal system sub-system or criminal justice sub-system (Sutatiek, 2013). The legal position in Indonesian laws and regulations can be found in the Law of the Republic of Indonesia Number 12 of 1995 Concerning Corrections (hereinafter referred to as Correctional Law). In Article 1 number 4 it is stated that BAPAS is the institution to carry out correctional client guidance, while the correctional client is formulated as someone who is in the guidance of BAPAS (Article 1 number 9). The role of the National Development Planning Board can be seen in Government Regulation Number 1 of 1999 Concerning Guidance and Guidance of Prison Assisted Citizens. According to Article 1 Number 6, Correctional Officers who carry out the task of correcting client correctional clients referred to as Community Guidance.

METHOD
In writing this legal research, the author uses 3 (three) research approaches namely: statue approach, case approach, dan Conceptual Approac). Pendekatan legislation is carried out by examining all laws and regulations relating to legal issues and the philosophical content of a law and to learn whether there is consistency and suitability of the provisions contained in a law between one law and other laws. (Peter Mahmud Marzuki, 2009).

RESULTS AND DISCUSSION I. I POLICY FORMULATION OF BAPAS INVOLVEMENT IN POST-RULES OF RULES OF RIGHTS
In dealing with children's cases, it is necessary to have prior knowledge related to psychological aspects, human growth experiences phases of psychiatric development, each of which is characterized by certain characteristics. It is undeniable that the knowledge of law enforcers on it is very much needed especially law enforcers who handle cases of children, to determine the criteria of a child, besides being determined on the basis of age limits, can also be seen from the growth and development of the soul they experience (Ahmad Fauzan, 2009). Therefore the position of a small child to the point of having both cases. The results of the para investigation fuquaha states that there are 3 (three) periods, namely: 1) The period of lack of ability to think this period begins from birth and ends at the age of 7 (seven) years, with the agreement of the para fuquaha. At that time a child is considered to have no ability to think and is called "the child has not tamyiz" actually the ability to think is not limited to a certain age, because the ability to think can sometimes arise before the age of 3 (three) years and sometimes late, according to differences in people, environment, circumstances and mental.
2) The period of ability to think weak This period starts from the age of 7 (seven) until reaching maturity (baligh) and mostly fuquaha limit it to the age of 15 (fifteen) years.

3) A period of full thinking ability
This period starts when a child reaches the age of ingenuity or in other words, after reaching the age of 15 (fifteen) years or 18 (eighteen) years, according to the fuquaha, a person may be liable for criminal liability or the radius of the radius he can make after all kinds (Andi Oghi Sandewa, 2014). Based on the phase of child development, the age limit of the child, the age of the child determined by law and other legal disciplines as well as the responsibility of the child according to Islamic law as the Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.98, 2020 113 author described above, is used by law enforcers in determining whether the child can be held responsible or not in a crime.

II. CHILDREN CASE HANDLING
Criminal imposed solely because someone has committed a crime or criminal offense. Criminal offense is an absolute consequence that must exist as a retaliation to the person who committed the crime, the basis for justification of the crime lies in the existence or occurrence of the crime itself. The main purpose of crime is to satisfy the demands of justice. Thus, crime is not a means to an end, but to realize justice. According to the theory of legal protection that all adults and children, women and men have the same rights that are equally have the same rights in getting protection against the law. Legal protection carried out in the country of Indonesia itself can be classified into 2 (two), namely: (1)  However, materially the case can be reopened if resistance from the public prosecutor by the High Court is justified so that the High Court orders the District Court to proceed with the examination of the case in question. This interim decision is not a final decision because aside from allowing the case to be materially reopened due to justified resistance, it is also because in this right the subject matter of the case or the subject matter is actually the statements of witnesses, defendants and subsequent proceedings which have not been examined by the judges. So, the form of the decision handed down by the court depends on the results of the deliberation which starts from the indictment with everything that is proven in the examination at the court hearing. In the judgment of the panel of judges it might be possible that what was charged in the indictment is proven, it might also be judged, what was charged was indeed proven but what was charged was not a criminal offense, but included the scope of the civil case or included the scope of the criminal offense or according to the assessment the criminal judge convicted was not proven at all. Starting with these possibilities, the decision handed down by the court regarding a case may take the form of: 1) Free Verdict An acquittal is a decision which states that the defendant is acquitted of lawsuits. To be acquitted of lawsuits means that the defendant is freed from conviction or in other words is not convicted. According to Article 191 Paragraph (1) of the Criminal Procedure Code, the defendant is declared free from lawsuits if the court is of the opinion that the results of the examination at the court hearing the defendant's wrongdoing for the act charged with him is not proven legally and convincingly. Free verdict in terms of juridical terms According to Yahya Harahap is a decision judged by the relevant panel of judges does not meet the principle of evidence according to the law negatively and does not meet the minimum evidentiary principles (M. Yahya Harahap, 2000).. The purpose of not fulfilling the principle of evidence according to the law negatively is that the evidence obtained in court does not sufficiently prove the defendant's guilt. Whereas what is meant by not fulfilling the principle of minimum evidence is to prove that the defendant must have a minimum of two pieces of evidence.

2) Decision of Waiver of All Lawsuits
The decision to release from all lawsuits is regulated in Article 191 paragraph (2) of the Criminal Procedure Code, which reads: "If the court is of the opinion that the act does not constitute a criminal offense, then the defendant shall be acquitted of all lawsuits".

3) Criminal Decision
The conviction for the defendant is based on the court's judgment in accordance with Article 193 paragraph (1) of the Criminal Procedure Code, if the court is of the opinion and judgment that the defendant is proven guilty of committing an act committed to him, the court handed down a criminal sentence against the defendant or with other explanations. The court is of the opinion and judge if the defendant has been legally and convincingly proven to have committed the wrongdoing of a criminal offense charged with him in accordance with the evidentiary system and the principle of minimum evidence of evidence specified in Article 183 of the Criminal Procedure Code. The defendant's guilt has been sufficiently proven by at least two valid evidences that give the judge confidence, the defendant is the criminal. The judge's decision can be executed if the decision has permanent legal force, which has been accepted by the parties concerned. Decisions in the form of criminal punishment in the form of a criminal as regulated in Article 10 of the Criminal Code (hereinafter referred to as the Criminal Code).

III. HANDLING OF CHILDREN'S CASE DECIDED FREE OR REMOVAL
The root of the research investigated by the authors comes from the existence of legal issues, related if a child is faced with a law, a verdict is released. As one example in this study is a child dealing with a 15year MCR law, based on decision number 13 / Pid.Sus-Anak / 2018 / PN Bil, in the Bangil District Court in this case the Public Prosecutor's claim stated in a single indictment stated that the MCR child legally and convincingly guilty of violating article 365 paragraph (2) of the 2nd Criminal Code (hereinafter referred to as the Criminal Code), in a single indictment the MCR Public Prosecutor was sentenced to 4 years, and stipulated the child to be charged a case fee of Rp.2,000, -(Two Thousand Rupiah), this is different from the judge's ruling stating that the MCR was not legally proven and convincingly guilty of committing a criminal offense as charged in a single indictment. So that in this case the MCR was sentenced to be free, if it is examined in terms of the rules and laws that apply in Indonesia. An adult or child offender who has been acquitted or freed from all lawsuits by the Panel of Judges in a child criminal case trial where the decision has permanent legal force then the child offender should have legal protection given by the state in the form of compensation and rehabilitation as stipulated in the Criminal Procedure Code general explanation point 3 letter d, namely: 1. Compensation is the reimbursement of costs incurred by the injured party / person. Rehabilitation is the right of a person to recover his rights in the ability, position and dignity and dignity given at the level of investigation, prosecution or trial for being arrested, detained, prosecuted or tried without reason based on the law or because of errors regarding the person or the law applied according the way regulated by law (Parman Soeparman, 2007).

IV. FORMULATION OF BAPAS INVOLVEMENT POLICY FOR THE RESTORATION OF POST-DISCLAIMED RIGHTS 1. Legislation And Regulations Used In Indonesia In Handling Child Cases
In dealing with children's cases, it is necessary to have prior knowledge related to psychological aspects, human growth experiences phases of psychiatric development, each of which is characterized by certain characteristics. It is undeniable that the knowledge of law enforcers on it is very much needed especially law enforcers who handle cases of children, to determine the criteria of a child, besides being determined on the basis of age limits, can also be seen from the growth and development of the soul they experience (Ahmad Fauzan, 2009). In terms of developmental phases, a child experiences three phases, namely: 1) Masa kanak-kanak, terbagi ke dalam: a. Infancy, namely the time a child is born until the age of 2 years; b. The first childhood, namely children aged 2-5 years; c. The last childhood, which is between the ages of 5-12 years.. 2) Adolescence, between the ages of 13-20 years. Adolescence is a period of rapid change in all fields; on the body from the outside and inside; changes in feelings, intelligence, social attitudes, and personality. 3) Young adulthood, between the ages of 21-25 years. In young adulthood, in general, the data is still grouped into the younger generation. Although in terms of physical development and intelligence are truly adults, in this condition the child is stable. However, in terms of the stability of religion and ideology is still in the process of stability.
environment of a child's life and provides guidance for children's pure standards of thought about right living, only results in the juvenile justice function being blurred if it does not want to be in vain. Based on the above explanation, it can be obtained that the success of a juvenile justice depends on how much the quality of the probation officer (BAPAS officer) referred to in this case is the Community Guidance in conducting research and making social research reports.

Penitentiary Efforts to Protect the Rights of Children in Conflict with the Law
Protection of the rights of children dealing with law in the context of international human rights is one part of a series of obligations that must be fulfilled by the state, namely to respect (to respect), protect (to protect), and fulfill (to fulfill). Normatively, based on international human rights standards and the Constitution (including national human rights provisions) and operationally intended to advance the implementation of human rights. Obligation (obligation to respect): it is the duty of law enforcement officers especially Bapas not to interfere in regulating their citizens when exercising their rights. In this case it has an obligation not to take actions that will hinder the fulfillment of all children's rights (Komnas Ham, 2007). Obligation to protect: is the obligation of law enforcement officers especially Bapas to act actively to guarantee the protection of children's human rights. In this case the obligation to take measures to prevent violations of all child rights by law enforcement officials. Obligation (obligation to fulfill): is the obligation and responsibility of law enforcement officials, especially Bapas to act actively so that all citizens can be fulfilled their rights. The state is obliged to take legislative, administrative, legal and other measures to fully realize the child's human rights.
Obligations to respect, protect and fulfill the rights of children, each containing elements of the obligation of law enforcement officials and the community to act (obligation to conduct) and the obligation to impact (obligation to result): Obligation to act (obligation to conduct): requires enforcement officials law, especially Bapas takes certain steps to carry out the fulfillment of a right, namely protecting the rights of children in the judicial process, requires adequate infrastructure and facilities, as well as adequate human resources in accordance with the regulations governing it. Even providing alternative solutions in handling children in conflict with the law so that they can prevent new problems if the child is still being tried in a court of law through the results of Community Research.

CONCLUSION
The SPPA Law explains that children with the status of child clients are the responsibility of BAPAS. Children's Clients are entitled to guidance, supervision and assistance, as well as the fulfillment of other rights in accordance with the provisions of the legislation. BAPAS is also obliged to carry out guidance, supervision and assistance, evaluate the implementation of guidance, supervision and assistance, as well as fulfillment of other rights in accordance with statutory provisions. The Role of Law Enforcement as explained in this research cannot be denied to play an important role, but the important role of law enforcement in upholding the SPPA Act is possible to abuse authority, therefore in order to ensure that the implementation of SPPA Law is carried out properly, chapter XII states about sanctions criminal for law enforcement Involving BAPAS in restoring children's rights to free decisions that have been put together by judges, BAPAS in this case is at every stage starting from the investigation, prosecution and when the child is dealing with the law undergoing a verdict, but when the child is not legally proven guilty of committing an BAPAS did not get involved at all after the child was free because of the related rules of the child or other legislation does not regulate the related assistance after the child is free by BAPAS, even though the child himself has actually experienced mental trauma or stigma bad that he gets when the child is dealing with the law.