Protecting the Rights of Children in Conflict with the Law: Children's Constitutional Rights Perspective

Abstract

Violence against women is one of the crucial social mechanisms that encourage women in a position of subordination compared to men. In many cases even law enforcement officers and the community tend to see this type of violence as the fault of women themselves and also the myths that accompany it. The research is a legal research using a case and conceptual approaches. The results show that the punishment for children against with law as sexual crime perpetrator must not ignore the aspect of development as a broader social planning strategy. Legal protection and rights for children are one of the approaches to protect children in order to grow and develop properly, especially children in Indonesia. As a systemic process, the criminal law enforcement emerges as a criminal law application which involves various structural sub-systems such as police, prosecutors, courts and also correctional institutions. Above all, the 1945 Constitution as the highest law expressly held that children have constitutional rights.

Keywords: Children; Constitutional Right; Human Right; Sexual Crime

DOI: 10.7176/JLPG/92-23

Publication date: December 31^st 2019