PERWALIAN ANAK YANG BERKONFLIK DENGAN HUKUM DALAM PERSPEKTIF PERLINDUNGAN HUKUM (original) (raw)

Against the background of conditions where not all children in conflict with the law have parents or guardians who understand the criminal justice system for children to protect their rights, the purpose of this research is to examine and analyze (1) the guardianship arrangements of children in conflict with the law and (2) the ideal arrangement for the custody of children in conflict with the law. The research method used is a normative-juridical approach. The conclusion of the study The child guardianship arrangements in the Child Protection Act only regulate the civil protection of children; they do not cover children in conflict with the law who are being processed in the juvenile justice system process, and in the Juvenile Criminal Justice System law there are no guardianship provisions for children who are in conflict with the law. The ideal arrangement for the guardianship of children in conflict with the law, as stipulated in Article 33 of the Child Protection Act, is by reconstructing and dividing the two phrases of guardianship, namely, guardianship in the civil aspect, which must be carried out through a court decision process, and guardianship in the criminal aspect, which determines directly an institution or body that is given the task and authority to take care of a child in conflict with the law without having to go through a court order. The appropriate institution or agency to handle and carry out guardianship for children in conflict with the law is the Correctional Center (Bapas). In this regard, this institution has focused on child protection for a very long time. Technically, Bapas has an implementing apparatus for guardianship, namely social counselors who meet the requirements needed to become guardians for children in conflict with the law.