TINJAUAN YURIDIS UPAYA HUKUM TERHADAP ANAK BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA ANAK

Abstract

The phenomenon of children facing the law (ABH) is increasingly receiving serious attention along with the increasing awareness of the importance of protecting children's rights in the Indonesian legal system. From the perspective of the Juvenile Criminal Justice System (SPPA), the handling of ABH is no longer just oriented towards criminalization but emphasizes the protection, rehabilitation, and social reintegration of children. This study aims to find out and analyze the definition of children facing the law in the Juvenile Criminal Justice System, the policies implemented, and the forms of legal protection for children's rights that are already running. This study uses a qualitative method with an empirical juridical approach, where data is collected through in-depth interviews, field observations, and documentation studies. The research informants included the Asahan Police PPA Office, the Chairman of LPAI Asahan Regency, and an advocate accompanying children (wisker). Data analysis is carried out through data reduction, data presentation, and conclusion drawing using a thematic approach. The results of the study show that the implementation of SPPA in Asahan Regency has referred to the principles of diversion and restorative justice, but the implementation has not been optimal due to limited resources, lack of socialization, and still strong social stigma against ABH. The government, through the PPA Unit, the Correctional Center, and the P3A Office, and in collaboration with LPAI, has carried out legal assistance, social rehabilitation, and diversion programs, while the community plays a role in eliminating stigma and supporting the social reintegration of children. This comprehensive protection is expected to be able to minimize the risk of repetition of criminal acts, restore the psychological condition of children, and ensure the sustainability of their education and social life.

Keywords: Children in Conflict with the Law, Juvenile Criminal Justice System, Restorative Justice, Diversion, Child Protection.