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

Abstract

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

Keywords: Juvenile Court, Child Protection, Bapas

DOI: 10.7176/JLPG/98-16

Publication date:June 30th 2020