International Journal of Social Science and Humanity Vol.
No.
3 September 2024 e-ISSN: 3047-4825.
p-ISSN: 3047-4817.
Page 01-13 DOI : https://doi.
org/10.
62951/ijss.
Available online at: https://international.
id/index.
php/IJSS Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty (Research Studies at Tanjung Pinang Resort Polic.
Christhopher Theodore Nathanael1*.
Darwis Anatami2.
Ramon Nofrial3.
Soerya Respationo4.
Erniyanti Erniyanti 5 Postgraduate Master Of Law.
University Of Batam.
Batam City,Indonesia Abstract.
Children are a mandate and a gift from God Almighty who has inherent dignity and worth as a whole human being and at the same time is the heir and shaper of the nation's future.
The research method used is the Normative Juridical method with an Empirical Sociological approach.
By using Primary and Secondary Data through interviews and observations.
A part from that, the author uses secondary data through the library.
an analytical tool the author uses Grand Theory (Law enforcement theor.
Middle Theory (Legal System Theor.
and Applied Theory (Relative theor.
This study aims to find out the legal arrangements for the crime of theft by minors to realize Legal certainty, to find out the implementation of law enforcement for the crime of theft by minors to realize Legal certainty and to find out the obstacles/obstacles and solutions in law enforcement of theft by minors to realize legal certainty.
Legal Arrangements for the Crime of Theft by Children to Achieve Legal Certainty.
Research Studies at Tanjung Pinang Resort Police are in accordance with the prevailing laws and Implementation of Law Enforcement for the Crime of Theft by Children To Realize Legal Certainty.
Research Studies at the Tanjungpinang Resort Police have been going well but in fact, children are still found in the field who commit the Crime of Theft every year, it has increased, especially in the Tanjung Pinang.
Archipelago, this is seen from the level of law enforcement factors against children who are in conflict with the law in Tanjung Pinang, for this reason, the performance of the TanjungPinang Police is needed to prevent the crime of theft committed by children Keywords: The criminal act Theft and Children.
Legal Sanctions.
Juridical Analysis INTRODUCTION Children are a mandate and a gift from God Almighty, in whom is inherent the dignity and worth of a whole human being and at the same time is the heir and shaper of the future of the nation.
Every child has dignity and worth that should be upheld and every child that is born must receive their rights without the child asking for it.
These children's rights are part of human rights, namely a set of rights that are inherent in the nature and existence of humans as creatures of Almighty God and are His gifts that must be respected, upheld, and protected by the state, law, government, and every person, for the sake of honor and protection of human dignity and honor.
In Indonesia, law enforcement against children is an effort to create conditions where children can exercise their rights and obligations.
Based on the concept of parents patriae, namely the state provides attention and enforcement to children as parents do to their children, then the handling of children in conflict with the law must also be carried out in the best interests of the child and based on the values of Pancasila.
Therefore.
Indonesia applies regulations in the form of the Criminal Code (KUHP) and Law No.
35 of 2014 Received: July 02,2024.
Revised: July 16,2024.
Accepted: July 31,2024.
Online Available: August 02, 2024.
Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty concerning Amendments to Law No.
23 of 2002 concerning Child Enforcement (State Gazette of the Republic of Indonesia 2002 Number .
The law provides full enforcement of children's rights.
Law enforcement for children can be interpreted as an effort to enforce the law against various freedoms and fundamental rights of children and various interests related to children's welfare.
The description above clearly explains that the enforcement of children's rights is not only the task of the government and their parents, but also the task of society in general.
3 In reality, not all children in this country receive full enforcement of their rights, but many children are increasingly becoming figures who are threatened by the treatment of adults and peers.
If we pay attention to the news in various mass media, both electronic and print media in the Riau Islands, we will find that more and more children are becoming victims and even perpetrators of crimes themselves, both physically, psychologically, even sexually and criminally.
According to Law on Law Enforcement of Children Number 23 of 2002 Article 1 point 1, a child is a person who is not yet 18 .
years old including a child who is still in the womb.
Children are the shoots, potential, and next generation of the nation's ideals, have a strategic role in ensuring the existence of the nation and state in the future.
In order to be able to shoulder their responsibilities, children need to be given the widest possible opportunity to grow and develop optimally, both physically, mentally, socially, and spiritually.
They also need to get their rights, need to be protected and prospered.
Handling of Child Cases at the Batam City Regional Child Supervision and Protection Commission in 2022-2023, shows that the percentage of child cases is high every year, namely In 2022-2023 the cases that occurred were 93 cases and 146 different children such as theft with violence, traffic accidents with a percentage of 45% -75% of cases and children as the In 2018-2019, the cases that occurred were 126 cases and 195 different children such as molestation, theft, violence, and traffic delinquency with 29%-10% of cases and children as perpetrators.
In 2020-2021, the cases that occurred were 179 cases and 319 different children such as theft with violence, traffic delinquency with 52%-113% of cases and children as perpetrators.
In 2021-2022 November, the cases that occurred were 187 cases and 353 different children such as theft with violence and traffic delinquency with -27%- -37% of cases and children as perpetrators.
The increasing quality and quantity of children committing criminal acts as reported by both mass media and electronic media against public order and Undang-Undang Nomor 35 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak(Lembaran Negara Republik Indonesia Tahun 2002 Nomor .
International Journal of Social Science and Humanity- Vol.
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e-ISSN: 3047-4825.
p-ISSN: 3047-4817.
Page 01-13 violations of the provisions of the Law by young perpetrators, encourages the author to pay more attention to overcoming and handling them.
Lack of attention by the Government regarding Law Enforcement8 towards children so that children do not receive proper guidance during the rehabilitation period.
So far, law enforcement against child crimes has not been optimal, so it encourages the author to research whether the law enforcement applied in Tanjung Pinang City is too easy or lightens the punishment and sanctions for children who commit crimes, especially theft, so that children are not deterred by their actions or indeed minors are not afraid of punishment and existing Based on the description above, the author is interested in writing a Thesis entitled "Legal Analysis of Law Enforcement of Criminal Acts of Theft by Minors to Realize Legal Certainty" (Research Study at the Tanjung Pinang Polic.
Based on the background description above, the author raises several problems that will be discussed further.
The problems are as follows:
How is the legal regulation of the crime of theft by minors to realize protection and legal certainty (Research Study at the Tanjungpinang Police Departmen.
? How is the implementation of law enforcement of the crime of theft by minors to realize legal certainty (Research Study at the Tanjungpinang Police Departmen.
? What are the obstacles/barriers and solutions in enforcing the law on the crime of theft by minors to realize legal certainty (Research Study at the Tanjungpinang Police Departmen.
? Based on the formulation of the problem stated above, it can be seen that the objectives of this research are:
To find out the legal regulations for the crime of theft by minors to realize legal certainty (Research Study at the Tanjungpinang Polic.
To find out the implementation of law enforcement for the crime of theft by minors to realize legal protection and certainty (Research Study at the Tanjungpinang Police To find out the obstacles/barriers and solutions in enforcing the law on the crime of theft by minors to realize legal protection and certainty (Research Study at the Tanjungpinang Polic.
) Pasal 54 Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty LITERATURE REVIEW In general, law enforcement can be interpreted as the act of implementing certain legal means to implement legal sanctions to ensure compliance with the provisions that have been Sajipto Raharjo stated, "Law enforcement is a process to realize legal desires .
thoughts of the legislative body formulated in legal regulation.
into reality.
3 Law enforcement is "The process of making efforts to enforce or implement legal norms in real terms as a guideline for behavior in community or state lifeAy.
4 Law enforcement will certainly be based on the reference pattern of the legal system.
In this case, law enforcement as a component of the structure that embodies the order of the legal system, will not be able to implement the law enforcement if only the laws and regulations are not supported by a clean, high-integrity and professional legal apparatus, therefore law enforcement will function and be implemented properly if the existing laws and regulations are balanced by professional law enforcement officers who are based on their code of ethics and integrity.
The definition of a criminal act in the Criminal Code is known as strafbaar feit and in the literature on criminal law often uses the term delik, while the lawmakers formulate a law using the term criminal event or criminal act or criminal act.
A criminal act is a term that contains a basic understanding in legal science as a term formed with awareness in givin g certain characteristics to criminal law events.
Criminal acts have an abstract meaning from concrete events in the field of criminal law, so that criminal acts must be given a scientific meaning and clearly determined to be able to separate it from the terms used everyday in community life.
5 A criminal act is a basic concept in criminal law, a criminal act is a legal concept, unlike the term act or crime which is interpreted legally or criminologically.
Criminal law is the law that regulates violations and crimes against the public interest.
These violations and crimes are threatened with punishments that constitute suffering or torture for the person Violation itself has the meaning of a minor criminal act and the threat of punishment is in the form of a fine or imprisonment, while a crime is a serious criminal act.
The threat of punishment is in the form of a fine, imprisonment, death penalty, and sometimes still added with the punishment of confiscation of certain goods, revocation of certain rights, and announcement of the judge's decision.
Satjipto Raharjo.
Masalah Penegakan Hukum.
Sinar Baru.
Bandung, 2019.
Hal.
Ibid, hal, 17 Kartonegoro.
Diktat Kuliah Hukum Pidana.
Balai Lektur Mahasiswa.
Jakarta.
Hal.
Yulies Tiena Masriani.
Pengantar Hukum Indonesia.
Penerbit Sinar Grafika.
Jakarta, 2004.
Hal.
International Journal of Social Science and Humanity- Vol.
1 No.
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e-ISSN: 3047-4825.
p-ISSN: 3047-4817.
Page 01-13 In Indonesia itself, children must be protected.
In the provisions of Article 1 point 2 of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection, it is stated that child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and honor, and receive protection from violence and discrimination.
7 Legal protection for children has a fairly broad spectrum.
According to Barda Nawawi, child protection concerns various aspects of life and livelihood, so that children can truly grow and develop naturally in accordance with their basic rights, paying attention to various international documents and meetings, it can be seen that the need for legal protection for children can cover various fields/aspects.
RESEARCH METHOD
This research is descriptive analytical in nature, meaning that the results of this research provide a comprehensive, in-depth picture of a condition or symptom being studied.
Descriptive research is intended for exploration and clarification of a phenomenon or social reality by describing a number of variables related to the problem and unit being studied.
This research is expected to provide a detailed, systematic, and comprehensive picture of everything related to management rights, building use rights and law enforcement against building use rights holders for management rights.
Type of Legal Research This is a type of normative legal research supported by sociological/empirical research.
The approach method in this study is a combination of the normative approach "legal research" with the empirical approach method "Juridical Sociologies".
The research mechanism with this combined approach method is carried out by describing the explanation of the inductive research method leading to the deductive method and vice versa.
This is done by the author to help explain the relationship between research variables and research objects so that it can produce an understanding that is very helpful for readers, especially researchers and academics.
This research was conducted by the Author at Polresta Tanjungpinang.
The sources and types of data that will be used in this study are primary data obtained directly in the field from respondents and informants.
And secondary data is obtained through literature by reading, reviewing, and studying books that are relevant to the object being studied.
Secondary data is used to support information or support the completeness of primary data.
Hadi Supeno.
Kriminalisasi Anak Tawaran Gagasan Radikal Peradilan Anak Tanpa Pemidanaan.
Gramedia Pustaka.
Jakarta, 2019, hal.
Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty RESULTS AND DISCUSSION Legal Regulations for Criminal Acts of Theft by Minors to Achieve Legal Certainty Paying attention to what has been done by countries in the world regarding the formulation of the age limit for the category of children in relation to criminal responsibility, it shows that most of them regulate the minimum age of children between the ages of 7 and 8 years, and when linked to the International Instrument that regulates children in relation to criminal responsibility, the Beijing Rules regulate something similar, although in fact whatever age is determined as the minimum limit is left to countries in the world which are adjusted to the social conditions of the country concerned.
8 In Indonesia, the determination of the age limit for children in relation to criminal responsibility has been explicitly regulated after the House of Representatives approved and ratified the Draft Law which was then enacted on July 30, 2012 and came into effect 2 years later, namely in 2014 (Law Number 11 of 2012.
State Gazette of the Republic of Indonesia Number 153 of 2.
In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
Article 1 point 3 formulates that a child is a child who has reached the age of 12 .
years but has not reached the age of 18 .
years who is suspected of committing a crime.
The age of 12 years as the minimum limit in relation to criminal responsibility will be more familiar because at that age the child has begun to understand and comprehend the consequences of the actions he has taken.
Legal protection for children has a fairly broad spectrum.
According to Barda Nawawi, child protection concerns various aspects of life and livelihood, so that children can truly grow and develop naturally in accordance with their basic rights, considering various international documents and meetings, it can be seen that the need for legal protection for children can cover various fields/aspects9, including:
Protection of children's basic rights and freedoms.
Protection of children in the judicial process.
Protection of child welfare .
n the family, education, and social environment.
Protection of children in matters of detention and deprivation of liberty.
Protection of children from all forms of exploitation .
lavery, child trafficking, prostitution, pornography, drug trafficking or abuse, using children to commit crimes and so o.
Protection of street children Sri Widoyanti Wiratno Soekito.
Anak dan Wanita Dalam Hukum.
Jakarta.
LP2ES, 1989.
Hal.
Barda Nawawi Arief.
Masalah Perlindungan Hukum Bagi Anak.
Makalah.
Seminar Nasional Peradilan Anak Fakultas Hukum Universitas Padjajaran.
Bandung, 2019 hal.
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Page 01-13 Protection of children from the consequences of war/armed conflict.
Protection of children against acts of violence Judging from the above opinion, child protection is all efforts made to create conditions so that every child can exercise their rights and obligations, for the development and growth of children naturally, both physically, mentally, and socially.
In the principles of child criminal justice according to Law No.
11 of 2012, child protection is intended to protect and care for children who are in conflict with the law so that children can face their long future and provide opportunities for children so that through guidance they will obtain their identity to become independent, responsible, and useful human beings for themselves, their families, communities, nations and countries.
Children who are in conflict with the law consist of children who are in conflict with the law, children who are victims of criminal acts, and children who are witnesses to criminal acts.
Implementation of Law Enforcement of Criminal Acts of Theft with Violence by Minors to Realize Legal Certainty (Research Study at Tanjungpinang Polic.
The criminal justice system is a network of justice that uses criminal law as its main tool, both material criminal law, formal criminal law and criminal enforcement law.
Mardjono Reksodiputro defines the criminal justice system as a crime control system consisting of police, prosecutors, courts and correctional institutions.
In juvenile justice, there are activities of examining and deciding cases that are aimed at the interests of the child, namely all activities carried out by the police, prosecutors, judges and other officials, must be based on a principle, namely for the welfare of the child and the interests of the child.
10 The purpose of the criminal justice system is to resocialize the perpetrator, because the implementation of criminal justice is useful for the development of the perpetrator so that when they return to society they have become good people.
Meanwhile, the purpose of preventing crime, means that the criminal court decision can prevent the perpetrator from committing crimes, both preventing the perpetrator in real terms, and can function as a preventive measure for society in general not to commit crimes.
The long-term goal of the justice system is social welfare, because the implementation of criminal justice functions to protect society from evil acts that are very disturbing to society.
The objectives of the juvenile criminal justice system can also be seen in the provisions of the juvenile criminal justice system legislation, namely the SMRJJ/The Beijing Rule, the Sudarto.
Kapita Selekta Hukum Pidana.
Bandung.
Alumni, 2020, hal.
Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty Convention on the Rights of the Child.
In Indonesia, the objectives of the juvenile criminal justice system can be seen in the Juvenile Criminal Justice System Law and the Child Protection Law.
The goal of rehabilitation is achieved by looking at whether the perpetrator has started new positive things, whether the perpetrator is given the opportunity to practice and demonstrate normative behavior, whether stigmatization can be prevented, whether there has been development of self-image in the perpetrator and public-image and increased attachment to society.
Rehabilitation of the perpetrator in the form of practical activities so that the child gains work experience, and the child is able to develop his own cultural project.
Factors that Inhibit/Constraint and Solutions for Law Enforcement of Criminal Acts of Theft with Violence by Children to Realize Legal Protection and Certainty (Research Study at Tanjungpinang Police Departmen.
Criminal acts committed by children are regulated in Article 24 paragraph .
of Law Number 3 of 1997 concerning Juvenile Courts.
Law Number 23 of 2002 concerning Child Protection.
Article 69 paragraph .
and Article 71 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which still have many weaknesses.
Crimes committed by children are the same as those committed by adults, while in Article 3 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, children should not be arrested, detained or imprisoned, except as a last resort and for the shortest time.
Thus becoming a factor inhibiting law enforcement efforts against children in conflict with the law.
The forms of law enforcement efforts against children as perpetrators of criminal acts are as follows:
Formulation stage The stage of formulating legal rules is the creation of laws that determine unlawful acts committed by children as criminal acts, meaning that every perpetrator must receive legal For example, in cases of motor vehicle theft committed by children, the laws used must be in accordance with the needs of children in conflict with the law.
Such as the Criminal Code.
Law Number 3 of 1997 concerning Juvenile Courts.
Law Number 23 of 2002 concerning Child Protection.
Article 69 paragraph .
and Article 71 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
Application stage The imposition of a more concrete criminal penalty is by the judicial body that tries.
The body that has the authority to try cases of motor vehicle theft committed by children is:
The police who are tasked with making arrests, detentions and investigations as regulated in Article 30 of Law Number 11 of 2012, which are then handed over to the prosecutor's International Journal of Social Science and Humanity- Vol.
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The prosecutor's office is tasked with providing charges against cases of children as perpetrators of crimes determined based on the Decision of the Attorney General or other officials appointed by the Attorney General .
n accordance with Article 41 paragraph .
of Law Number 11 of 2.
to then be handed over to the court.
Execution stage The execution stage is in the form of giving a truly concrete punishment, namely by an execution body, for example a correctional institution.
Juvenile prisons are different from adult prisons, because children must receive special attention even though they are serving their sentence because children still have a long future and make the child deterred so that they do not commit crimes again.
Law enforcement efforts in the form of prevention without using criminal law by influencing the public's view of crime and The Diversion and Restorative Justice System models are alternative forms of criminal resolution that are directed at informal resolution by involving all parties involved in the crime that occurred.
Resolution with the Diversion and Restorative Justice System models is a form of criminal resolution that has developed in several countries in dealing with crime.
CONCLUSION AND SUGGESTION
Conclusion Based on the discussion in the previous chapter, the following conclusions can be drawn:
Legal Regulation of Criminal Acts of Theft by Children to Realize Legal Certainty (Research Study at Tanjungpinang Polic.
is in accordance with the laws and regulations in force in Indonesia, the legal regulations are, the 1945 Constitution of the Republic of Indonesia.
Law No.
35 of 2014 concerning Children (Supplemental Gazette of the Republic of Indonesia Number .
Law No.
11 of 2012 concerning the Juvenile Justice System (Supplemental Gazette of the Republic of Indonesia Number 5.
Criminal Code Implementation of Law Enforcement of Criminal Acts of Theft by Children to Realize Legal Certainty (Research Study at Tanjungpinang Polic.
It has been running well, but in reality it is still found in the field that children who commit Criminal Acts of Theft with Violence have increased every year, especially in the Riau Islands, this can be seen from the level of law enforcement factors against children who are in conflict with the law in the Riau Islands, for that it requires performance from the Riau Islands Police to Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty prevent criminal acts of Theft committed by children in accordance with the provisions stipulated in the 1945 Constitution of the Republic of Indonesia.
Law No.
35 of 2014 concerning Child Protection (Supplemental Gazette of the Republic of Indonesia Number .
Law No.
11 of 2012 concerning the Juvenile Justice System (Supplemental Gazette of the Republic of Indonesia Number 5.
Criminal Code What Factors Are Obstacles/Constraints and Solutions to Criminal Acts of Theft by Children to Realize Legal Protection and Certainty (Research Study at the Tanjungpinang Polic.
is the Cultural Factor As a result of work, creativity, and feeling based on human will .
in social interaction.
The many cultural variations can give rise to certain perceptions regarding law enforcement.
Cultural variations are very difficult to standardize, therefore law enforcement must be adjusted to local conditions.
There is still a lack of legal instruments that can help children resolve their cases, there is no legal counsel, in addition there are still very few Legal Aid Institutions that can help children to be guided so that they do not conflict and face the law.
Law Enforcement Factors The quality of law enforcement officers, namely the police, prosecutors, investigators or public prosecutors and judges who have difficulty in resolving motor vehicle theft cases committed by children such as the difficulty of collecting evidence, prosecutors prosecuting the perpetrators, and judges having difficulty determining the verdict.
On the other hand, the number of law enforcement officers handling cases of children is still .
Community Factors The community is less active in law enforcement such as still being afraid to be witnesses.
Even in some areas the police are threatened by the So that it greatly hinders the process of law enforcement efforts against perpetrators of motor vehicle theft crimes committed by children.
Suggestion From this conclusion, the author can provide several suggestions, namely:
Legal Regulation of Criminal Acts of Theft by Children to Realize Legal Certainty (Research Study at Tanjungpinang Polic.
must see the juvenile criminal justice system in force in Indonesia in accordance with the provisions of the applicable Procedure.
Implementation of Law Enforcement of Criminal Acts of Theft by Children to Realize Legal Certainty (Research Study at Tanjungpinang Polic.
must run well based on applicable laws as a means to overcome criminal acts committed by children without eliminating children's rights Constraints/Barriers and Solutions for Law Enforcement of Criminal Acts of Theft by Children to Realize Legal Certainty (Research Study at Tanjungpinang Polic.
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expected to prevent children from committing violent theft if they are still found in the field of children who commit crimes and immediately arrest the perpetrators and process
them in accordance with applicable legal procedures REFERENCES