Legal Protection For Juvenile Offenders In The Criminal Justice Process (Comparative Study Of Islamic Law And Positive Law In Indonesia)

Abstract

This study aims to determine the rights of children who commit criminal
offenses in the judicial and investigative processes in legal protection. The
method used is the normative juridical and sociological juridical approach. The
results of this study are as follows: first, the investigation process at the Polres is
carried out by child investigators who are accompanied by parents/guardians,
legal counsel, and Bapas. At the Polsek level, the investigation is carried out by
investigators who usually conduct investigations on adults due to the need for
more human resources. Legal counsel must accompany children who are still
suspects. There is no intimidation during the investigation process; everything
is done according to the investigation procedure for children. Second, children’s
rights during the trial period are fulfilled and protected by judges and public
prosecutors by the Law on Juvenile Justice System. The rights contained in
Article 3 of Law No. 11/2012 have fully met the principles of legal protection
consisting of 4 (four) principles: The child cannot fight alone, the best interests
of the child, the life cycle approach, and cross-sectoral.
Keywords: Protection, law, juvenile offenses