THE ROLE OF CHILD CRIMINAL JUSTICE UNIT (PPA) IN HANDLING CASES OF
CHILDREN FEELING WITH THE LAW AT POLRESTABES SEMARANG
Abstract The position of children in a country is the
continuation of the nation's struggle. Therefore, their existence must be
maintained properly from things that can damage the child's mentality. One of
them is a child whose actions against the law. Many children think that this
act is a normal thing, but, legally speaking, the act committed by the child
is included in the category of a criminal act, one of which is beatings. This
study aims to find out and analyze the implementation of diversion against
children who are perpetrators of the crime of beatings in the concept of
justice at the Semarang Police and the effectiveness of applying diversion to
children who are involved in the crime of beatings at the Semarang Police.
The approach method in this research is normative juridical. The results of
the study show that the implementation of diversion against children who
commit the crime of beatings in the concept of justice at Polrestabes
Semarang following the provisions of Law Number 11 of 2012 concerning the Juvenile
Criminal Justice System. The diversion process involves all, namely the
victim's family, the perpetrator's family, and the Bapas, namely through
deliberations involving children and their parents/guardians, victims and/or
their parents/guardians, and community counsellors, based on a restorative
justice approach. The application of diversion to the child perpetrators of
the Semarang Police crime is very effective in resolving criminal acts of
beatings with child perpetrators. The procedure for settlement of cases
becomes simpler, cheaper, and saves time through diversion. The
implementation of diversion is also able to reduce the build-up of cases
being handled at the Semarang Police, reducing the cost burden. Keywords: Child,
Criminal Justice, Law, Restorative Justice. |
INTRODUCTION
Children are assets
whose existence must be protected by the state as part of the younger
generation. Children play a very strategic role as determinants of the progress
of a country because they are the successors of the ideals of the country's
struggle (Ananda, 2018). Bearing in
mind the very important role of children in the progress of a country,
children's rights are expressly regulated in article 28B paragraph (2) of the
1945 Constitution which states that the state guarantees that every child has
the right to survival, growth, and development and is entitled to protection
from violence and discrimination (Muliyawan, 2013).
A child who dares to
commit a crime is influenced by the environment around him.� However, he should not be labeled as a
criminal who can make the child uncomfortable in social interaction (Muliyawan, 2013). These
children's actions are influenced by various factors; the negative impact of
rapid development, the flow of globalization in the field of communication and
information, advances in science and technology, and changes in the style and
way of life of some parents. Children who do not receive love, care, guidance,
and coaching in the development of attitudes, behavior, adjustment, and
supervision from parents, guardians, or foster parents will easily be dragged
into the flow of social interaction and their environment which is unhealthy
and detrimental to their development (Ratomi, 2013).
In addition, children
who lack or do not receive affection, and care, failure of education in the
family, school, and community environment, lack supervision from the family,
school, and community environment, guidance and coaching in developing attitudes,
behavior, adjustment, and supervision from parents, guardians or foster parents
will easily be dragged into the flow of social interaction and the environment
which is unhealthy and detrimental to personal development. In Indonesia, the
problem of juvenile delinquency and children is considered to have reached a
level that is quite disturbing for the community. This condition gives a strong
impetus to the parties responsible for this problem, such as educational groups
from the school environment and others.
One case that is rife
in the brawl between students that occurred in the Semarang Polrestabes area.
One of the reasons for the occurrence of this crime was the desire to keep up
with the times towards modern society 5.0. They desire to be known among them
by joining the gang in their neighborhood and taking action against the law to
make it happen. The challenges and opportunities as well as the dynamics of
modern society have also had an impact on the Polri organization to always
adapt to existing conditions based on the strengths and needs of the
organization.
The State Police of the
Republic of Indonesia has main tasks and functions related to law enforcement
as stated in Law no. 2 of 2002 concerning the Indonesian National Police, in
article 13 which states that the main duties of the Indonesian National Police
are: a) Maintaining security and public order; b) Uphold the law and; c)
Provide protection, shelter, and service to the community;
Concerning the handling
of children in conflict with the law (ABH), the police make regulations through
the Regulation of the Head of the Criminal Investigation Agency No. 1 of 2012
concerning Standard Operating Procedures for Handling Children in Conflict with
the Law within the Indonesian National Police's Criminal Investigation Agency.
The regulation describes the handling of ABH cases through formal channels and
alternative routes, one of which is a diversion.
Law Number 11 of 2012
concerning the Juvenile Criminal Justice System (SPPA) Article 1 states that
Restorative Justice is the settlement of criminal cases involving perpetrators,
victims, families of perpetrators/victims, and other related parties to jointly
seek an amicable solution. by emphasizing restoration to the original state and
not retaliation. According to Law Number 11 of 2012, one of the implementations
of the Restorative Justice approach is Diversion. Diversion is the transfer of
settlement of child cases from the criminal justice process to processes
outside the criminal justice, which aims (Article 6 of the SPPA Law); a) To
achieve peace between the victim and the child; b) Resolve child cases outside
the judicial process; c) Prevent children from deprivation of independence; d)
Encouraging the community to participate and; e) Instill a sense of
responsibility in children.
Article 8 of the SPPA
Law explains in more detail regarding Diversion, that the Diversion process is
carried out through deliberations involving children and their parents or
guardians, Community Advisors, and Professional Social Workers based on a
Restorative Justice approach. The Diversion process must pay attention to a)
The interests of the victim; b) Child welfare and responsibility; c) Avoiding
negative stigma; d) Avoidance of retaliation; e) Community harmony and; e) Decency,
decency, and public order.
The Semarang City
Police (Polrestabes) is the executor of the duties and powers of the Indonesian
National Police based in Central Java Province, Semarang Regency. At the
Semarang Polrestabes level, the unit that handles criminal law enforcement
including the settlement of cases of children in conflict with the law (ABH) is
the Criminal Investigation Unit. ABH cases will be handled more specifically by
the Women and Children Service Unit (PPA). The Women and Children Service Unit
is a unit tasked with handling all criminal cases involving women and children,
both as perpetrators, victims, and witnesses.
Cases experienced by
children will be handled by the Women and Children Service Unit (PPA Unit)
which was formed by the Chief of Police Regulation Number 10 of 2007 concerning
Organization and Working Procedures. The Women and Children Service Unit (PPA
Unit) is a unit tasked with providing services in the form of protecting women
and children who are victims of crime and law enforcement against women and
children who are perpetrators of crimes.
In the Juvenile
Criminal Justice system as referred to in paragraph (2) letters a and b,
efforts must be made to diversion. Law of the Republic of Indonesia No. 11 of
2012 concerning the Juvenile Justice System, Chapter I Article 1 explains that
diversion is the transfer of settlement of child cases from the criminal
justice process to processes outside the criminal justice. Chapter II Article 6
further explains that diversion aims to: a) achieve peace between the victim
and the child; b) Resolve child cases outside the judicial process; c) Prevent
children from deprivation of independence; d) Encourage the community to
participate; e) Instill a sense of responsibility to children.
Related to the
investigation of criminal acts of violence committed by children, many are
carried out by the Semarang Polrestabes. Like the case that occurred in
December 2022 which was carried out by Lintang Restu Febryan and then carried
out by the police who were trying to take the path of restorative justice.
The diversion effort in
the investigation of cases of children in conflict with the law carried out by
the Semarang Police Criminal Research Unit is one of the manifestations of
carrying out the main tasks and functions of the Indonesian National Police. In
its process, the Criminal Investigation Unit is influenced by the culture of
the local community, namely the people of Semarang. The Diversion process is
carried out through deliberations involving children and their
parents/guardians, victims and/or their parents/guardians, Community
Counselors, and Professional Social Workers based on a Restorative Justice
approach, if necessary, involving the community. Investigators and assistant
investigators often repeat Diversion because one of the parties is not present,
so the process of handling juvenile criminal cases takes a long time. In
addition, the diversion agreements that were decided by both parties to the
litigation, sometimes c considered unbeneficial for the victim. Hence, it was
questioned again in the future.
METHOD�� RESEARCH
The method used in this research is empirical
juridical, which is method used in solving research problems by examining the
secondary data first, then the primary data in the field. (Soekanto &
Purbacaraka, 1993) Juridical research here means that this research is
reviewed from the point of view of legal science and written regulations
related to the investigation of children who conflict with the law in criminal
acts of violence (Azwar, 2014).
The type of data used in this study is sourced from
primary data and secondary data (Marzuki, 2017).
1.
Primary
Data, obtained from direct research on an object being interviewed.
2.
Secondary
data, obtained through literature studies to obtain conceptions, theories or
opinions or theoretical foundations that are closely related to the problems
discussed. Secondary data consists of:
a.
Law of
the Republic of Indonesia No. 4 of 1979 concerning Child Welfare
b.
Law No. 2
of 2002 concerning the Police
c.
Law of
the Republic of Indonesia No. 11 of 2012 concerning the Juvenile Justice System
d.
Law No.
23 of 2002 in conjunction with No. 35 of 2014 concerning Child Protection
e.
Perkap No
6 of 2019 concerning the Criminal Investigation Management system.
f.
Criminal
Code
g.
The
Criminal Procedure Code
RESULT
AND DISCUSSION
Treatment of
Children in Conflict with the Law
Law Number 11 of 2012
concerning the Juvenile Criminal Justice System in article 1 paragraph 2 (two),
what is meant by children who are in conflict with the law are children who are
in conflict with the law, children who are victims of criminal acts, and
witnesses of criminal acts. Based on this article, children who are in conflict
with the law can be categorized into 3 (three), namely:
1. Children in
conflict with the law are the child perpetrators of crimes.
2. A child who
is a victim of a crime is a child who suffers a loss in a crime, which can be
in the form of physical, mental and/or economic loss.
3. A child who
is a witness to a crime is a child who can provide information because he
heard, saw, and/or experienced a crime himself for the purposes of
investigation, prosecution and trial court examination.
The category of
children as perpetrators of criminal acts are those aged 12 (twelve) years and
up to 18 (eighteen) years. Meanwhile, children who are under 12 (twelve) years
old and in conflict with the law cannot be categorized as Children in Conflict
with the Law (ABH). And for the age of 18 (eighteen) years and over are already
categorized as adults.
Law Number 11 of 2012
concerning the Juvenile Criminal Justice System (SPPA) Article 1 states that
Restorative Justice is the settlement of criminal cases involving perpetrators,
victims, families of perpetrators/victims, and other related parties to jointly
seek an amicable solution. by emphasizing restoration to the original state and
not retaliation. One of the implementations of the Restorative Justice approach
according to Law Number 11 of 2012 is Diversion. Diversion is the transfer of
settlement of child cases from the criminal justice process to processes outside
the criminal justice, which aims (Article 6 of the SPPA Law):
1. Achieving
peace between victims and children;
2. Resolving
child cases outside the judicial process;
3. Prevent
children from deprivation of independence;
4. Encouraging
the community to participate and;
5. Instill a
sense of responsibility in children.
The PPA unit has a
position to carry out a normative role.
"As a normative role with the duties
and obligations of police officers in enforcement, the police have the
authority to fully enforce the law".
Law enforcement lies in
the activity of harmonizing the relationship of values embodied in solid and
manifest principles and attitudes as a final stage of the elaboration of
values, to create, maintain and maintain social peace (Soekanto & Mamudji, 2011).
According to Soejono
Soekanto's opinion, law enforcement can also be interpreted as a process of
exercising discretion in the shadow of the regulations in force in Indonesia.
The discretion that concludes a decision from a personal point of view but is
based on laws or other related rules.
Based on interviews
conducted with AIPTU M.Arif Darmaji, S.H as the Head of the Criminal
Investigation Unit of the Semarang Police, he said:
�The application of the principle of
restorative justice or diversion efforts is always carried out for every child
who becomes a perpetrator of a crime. In some cases, the diversion attempt can
obtain agreement by each party so that the case does not proceed to the
prosecution level. This diversion effort is also used if the perpetrator
commits a minor crime. And this principle cannot be carried out if the
perpetrator has already done diversion. And later, even though minors when
committing serious crimes will still be tried according to the applicable rules
because when applying the principle of restorative justice there must be an
agreement from both parties. If the victim wants to process the case, the
diversion can fail so that the child will be imprisoned. And investigators from
the Dompu Police Chief have carried out the investigation process into cases
where the perpetrators are minors, in accordance with law number 11 of 2012
concerning the juvenile criminal justice system, namely by carrying out Restorative
justice efforts through diversion of children involved in criminal cases�.
The same thing was also
expressed by AKP Ni Made Srinitri, S.I.K as the Head of the PPA Criminal
Investigation Unit of the Semarang Police, he explained:
�The settlement with Restorative justice is
still carried out for every child who commits a crime at the Semarang
Polrestabes. And the settlement with the Restorative justice/diversion approach
is also considered appropriate for resolving cases by bringing together related
parties from both the perpetrators, victims, families of victims/perpetrators,
social workers and community advisers, and from the law enforcers themselves.
Moreover, several advantages will be obtained if diversion is carried out at
the investigation stage by the police, namely: a) It can reduce traffic jams
and accumulation of cases in court if the large number of cases submitted to
court causes the case process to be prolonged and costly and often results in
poor results. b) Increasing community involvement or empowering the parties to
the dispute in the dispute resolution process. c) Enlarge the opportunity for
society to get justice. d) Provide an opportunity for the achievement of
dispute resolution that results in a decision that is acceptable to all
parties. So that, the parties do not take appeals and cassation efforts. e)
Settlement of cases is faster and at a lower cost. f) Being closed or secret,
thereby reducing the shame of the family. g) Higher level of possibility to
carry out the agreement because the decision taken is the will of the parties.
So that the relationship between the disputing parties in the future is still
possible to be well established. h) Reducing the spread of legal mafia both at
the level of investigation, prosecution, and trial and at the level of
executing court delegates�.
Therefore, it can be
said that law enforcement does not solely discuss written rules, although in
Indonesia the emphasis is still on law enforcement decisions. according to the
rules in force. It is these decisions that will affect security and public
order in a positive direction or a negative direction depending on decisions
taken broadly or decisions taken unilaterally and narrowly.
The Criteria
for Child Crimes that Can Be Resolved Through the Application of the Principle
of Restorative Justice
Diversion based on
Article 1 point 6 of Law Number 11 of 2012 concerning the Juvenile Criminal
Justice System is the transfer of settlement of child cases from the criminal
justice process to processes outside the criminal justice system. This is done
because the crime committed by the child is not necessarily the child's fault
because children are considered incapable of taking legal action.
It refers to the
child's ability to be responsible for his rights and obligations, besides that
the age of the child is still young and has a long future and imprisonment will
not solve the problem. It refers to the child's ability to be responsible for
his rights and obligations, besides that the age of the child is still young
and has a long future, and imprisonment will not solve the problem, In law
number 11 of 2012 concerning the juvenile justice system in Article 7 paragraph
2 it is explained that diversion is carried out in terms of criminal acts
committed: a) Threatened with imprisonment under 7 years. b) Not a repetition
of a crime.
However, there are
slight differences regarding criminal acts that can be diverted in PERMA No. 4
of 2014 concerning implementation guidelines in the juvenile justice system
namely in article 3 which states that:
"Child judges are obliged to seek
diversion if a child is charged with a crime punishable by imprisonment under 7
years or more in the form of a subsidiary, alternative, cumulative, or combined
(combined) indictment�.
From these two rules,
we can see that crimes committed by children that can be diverted are crimes
that carry a prison sentence of under 7 years or more in the form of
subsidiarity, alternative, cumulative, or combined (combined) charges and are
not a repetition of a crime.
Crimes punishable by
imprisonment for under 7 years include:
1. Persecution
In Article 361 of the Criminal Code
paragraph (1) maltreatment is punishable by a maximum prison sentence of two
years and eight months. Paragraph (2) if the act results in serious injury, he
is guilty of imprisonment for a maximum of five years. Paragraph (3) if this
act results in the death of the person, he is sentenced to seven years in
prison.
2. Thievery
Article 362
of the Criminal Code, namely that anyone who takes an object, which completely
or partly belongs to another person, with the intention of owning the object
against his rights, is punished for theft with a maximum prison sentence of
five years.
3. Destroy or
damage things
Article 406 of the Criminal Code paragraph
1 states that anyone who intentionally violates the right to destroy, damage to
make it unusable or lose something that completely or partially belongs to
another person, is punished with imprisonment for a maximum of two years and
eight months or a fine of up to Rp. 4,500.000.
Implementation
of Diversion Against Child Offenders Crime of Beatings in the Concept of
Justice at Polrestabes Semarang
Children have a
strategic role which is expressly stated that the state guarantees the right of
every child to survival, growth, and development as well as to protection from
violence and discrimination. Therefore, the best interests of children should
be internalized as the best interests for the survival of mankind. This is a
consequence of the provisions of Article 28B paragraph (2) of the 1945
Constitution of the Republic of Indonesia which states that every child has the
right to survival, growth, and development and is entitled to protection from
violence and discrimination.
Restorative justice
encourages resolving an event or crime in ways that are more informal and
personal, rather than settling in formal (rigid) and impersonal ways by using
patterns before and after the judicial process takes place. Before the judicial
process, it is meant when the "case" is still in the hands of the
police or the prosecutor's office. Either at the initiative of the police, the
prosecutor's office, a person, or a community group, efforts are made to
resolve the criminal act, utilizing principles of a restorative justice
approach (Manan, 2006).
The restorative justice
approach to solving crimes committed by children at Polrestabes Semarang is
resolved through a restorative justice approach, in which the legal settlement
process occurs by bringing the victim and perpetrator (suspect) together to sit
in a meeting to talk together. where the role of the police is as a mediator,
facilitator, or supervisor. In this case, the police show the articles and
provisions of the juvenile justice legislation, then the community is welcome
to find the best way out so that a process of repair, restoration of relations,
conciliation, and reconciliation occurs between the victim and the perpetrator,
the victim's family and the perpetrator's family, with the community's
acceptance back against the perpetrator without any stigmatization of the
perpetrator.
Investigators from the
Semarang Polrestabes have conducted an investigative process into cases where
the perpetrators are minors, namely Lintang, under Law Number 11 of 2012
concerning the juvenile criminal justice system, namely by carrying out
restorative justice efforts through the diversion of children involved in cases
criminal.
Based on the results of
research in settlement carried out using a restorative justice approach at the
Semarang Polrestabes, the mediation process is following the habit of
deliberating. In the application of the principles of restorative justice at
the Semarang Ppolrestabes carried out by the police, namely carried out through
activities such as mediation between victims and perpetrators/offenders; family
group deliberations, which are remedial for both victims and perpetrators where
involvement in the settlement process is the victim and the perpetrator as well
as a third party namely the police who become the mediator and facilitator to
bridge the two parties to reach an agreement and the goals to be achieved
through the deliberation process are to recover all losses and injuries that
have been caused by the incident of child delinquency.
Thus, the negative
impact caused by children who commit criminal acts when dealing with law
enforcement officials can be minimized. The police as diversion authorities are
responsible for determining the policy mechanism to be followed in implementing
diversion. There are 3 forms of the concept of diversion implementation
mechanism by the police:
1. Police
deliberation The parties involved in this process are the police and the child
(perpetrator). Types of crimes that can be resolved through this mechanism are
generally crimes in the form of misdemeanors. These crimes are contained in
both the Criminal Code and those outside the Criminal Code. When the police
know that a crime has occurred either directly (caught in the act) or through a
report or complaint from the victim or the public, then at that time the police
can summon a child who is suspected of committing a crime to be questioned about
the actions he has committed.
The police provide opportunities for
children to tell clearly and completely what they have done. After the police
heard the statement from the child. Furthermore, the police can conclude
whether the child is proven guilty of committing the alleged crime. If the
child is not proven, the police must release him, but if the child is proven
guilty, the police can sanction the child.
The police can immediately give sanctions
if the child has admitted his actions. Police can give informal warnings, in
the form of verbal warnings and written warnings, to children who commit
crimes. Oral warnings are in the form of advising children not to commit crimes
again and to stay away from negative actions. Meanwhile, a written warning is a
strong warning, not just giving advice, but the child is given a strong
warning, one of which is the child having to apologize to the victim. This
informal warning can only be given to a child who has committed a crime for the
first time. (not repeating the crime) and it is not necessary to obtain consent
from the victim or/his family if the victim is underage. This informal warning
is not recorded in an agreement and there is no need to ask for a determination
from the district court.
2. Family
meetings with the parties involved in the diversion process are the police,
perpetrators, parents/guardians, and social counselors. Types of crimes that
can be resolved through this mechanism are minor crimes, crimes without
sacrifice, and crimes where the value of the victim's loss is no more than the
value of the local provincial minimum wage.
Furthermore, the opportunity is also given
to social counselors to provide considerations that are not the same as the
results of social research. The position of social counselor here is more of an
expert who can provide recommendations on what sanctions are appropriate to
give to children. So, the task of community advisors is not formal. The form of
sanction that can be given in the form of a mechanism through this family deliberation
is a formal warning. This formal warning can take the form of:
a. Hand over to
parents/guardians
b. Public
apology to the victim
c. Medical and
psychosocial rehabilitation
d. Correction
due to criminal acts
e. Payment of
compensation.
Child cases at the Semarang Polrestabes
often end with giving formal warnings. These formal warnings need to be
recorded in the police notebook and do not need to be submitted to the head of
the district court to obtain a determination.
3. Community
consultation The parties involved in this process are the police, perpetrators
and/or their parents/guardians, victims and/or their parents/guardians,
community and community advisers (community leaders or from the school). Types
of crimes that can be resolved through community deliberations are crimes with
a criminal penalty of under 7 (seven) years and not repetition of a crime.
In the case experienced by brother Wikan
Wirawan for acts of violence committed by brother Lintang, the Semarang
Polrestabes police carried out a case settlement on the principle of
restorative justice/diversion in which the Semarang Polrestabes police mediated
the case that Wikan experienced for the violence he experienced. Here the
police apply the principle of diversion by referring to law number 11 of 2012
concerning the juvenile justice system regarding the implementation of
diversion. In this case, the Semarang Ppolrestabes police also brought in the
guardians of the victims and perpetrators as well as the community in resolving
the conflict, in this case, an agreement was obtained to sanction Lintang for
the actions committed to Wikan by imposing fines for the losses suffered by
Wikan. The application of restorative justice is only for minor types of
criminal acts, with a deliberative mediation process.
CONCLUSION
The implementation of
diversion towards children who commit the crime of beatings in the concept of
justice at Polrestabes Semarang is in accordance with the provisions of Law
Number 11 of 2012 concerning the Juvenile Criminal Justice System. The
diversion process involves all, namely the victim's family, the perpetrator's
family, the Bapas, namely through deliberations involving children and their
parents/guardians, victims and/or their parents/guardians, community
counsellors, based on a restorative justice approach. After a diversion
agreement has been reached, the investigator submits a request for a diversion
determination to the Head of the Semarang District Court, and then an SP3 is
made. The application of diversion is in line with the theory of justice which
provides justice for both perpetrators and victims. Children will learn to be
responsible for their actions by providing medical expenses, while victims
receive medical expenses caused by the perpetrators.
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Lalu Hedwin
Hanggara, Faisal Santiago (2023)
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