The Judge’s Judicial Policy In Settling Juvenile Delinquency

Abstract

The aim of research is to analytic the cause of juvenile delinquency which against the criminal law, describing the judge’s policy  that enables to mirror the substantial justice, defining model of the judge’s policy which enables to mirror the substantial justice.  This research is held by normative and nomologic (non-doctrinal) approach. Normative research is used to analytic the premier and secondary legal material, describing the verbalization legal system of tribunal criminal justice for juveniles. Nomological research analytics the judge’s policy in settlement juvenile delinquency and defining model of the judge’s policy which enables to mirror the substantial justice for juveniles.The final result of this research has shown up the findings as follows: (1).the legal system of tribunal criminal justice for juveniles does not work effectively, there is no a strictly formulation of material legal action (strictly material delict) in the  constitution of tribunal criminal justice  system for juveniles, no a balance or harmonization between the legal system of juvenile criminal law and the social system in society. Juveniles delinquency may occur because of the weakness of internal factors of juveniles and it’s strength of external factors of juveniles and other criminological factors, such as: the effect of modernization of science and technology, the instability of economical system of a country, the disorder of socio-political behavior of a country, the declination of the justice values in criminal justice system of juveniles, there is no a penal sanction among the apparatus of legal enforcement, such as: investigators, prosecutors, judges, legal officers in prisons, attorneys (lawyers) who have committed mal-judicial praxis including the judges who do not consider the result of legal research in society which has been reported by the social workers from the Hall of Society, neither hold the diversion justice, the failure of parents, Social Institutions and the government in holding the guidance and counseling for juveniles; (2).a view of judges do not consider optimally the result of social research from the Hall Society in their decisions. The Special Court for Juveniles Delinquency has not been built that the legal praxis for juveniles must be combined in one, in general courts. The paradigms of legal officers for juvenile delinquency has still looked heterogeneously. They more facedly considered the normative aspects than the sociological ones. The legal doctrine from Hans Kelsen “Reine Rechtslehre (the pure legal doctrine) has been firstly considered in legal settlement for juvenile delinquency, legal formal criminal truth has been considered as absolutely document by the legal officers in law enforcement for juvenile delinquency; (3).the model policy which enables to grab the substantial justice for juvenile delinquency is Double Tracts Criminal Justice System for Juvenile Delinquency Model.

Keywords: the cause of juvenile delinquency, the judge’s judicial policy, and the model of judicial policy