CRIMINAL LIABILITY FOR MARRIED CHILDREN IN RELATION TO CRIMINATION

Hibertus Sujiantoro, Galih Setyo Refangga

Abstract


The goal of this study is to evaluate married children's criminal culpability in light of various rules to show that punishment can occur in accordance with the intended objective of punishment. According to Article 1 Paragraphs (1) and (2) of Law on the Juvenile Criminal Justice System Number 11 of 2012 of the Republic of Indonesia, the juvenile criminal justice system is based on the principles of: protection, justice, non-discrimination, the best interests of the child, respect for children, survival and development of children, proportionality, deprivation of liberty and punishment as a last resort, and avoidance of retaliation. In this approach, being married or single creates a problem. A kid is defined as any anyone who is younger than 18 (eighteen) years old and has not yet entered into a legally binding marriage, including unborn children if doing so is for the child's benefit, according to Law Number 39 of 1999 respecting This implies that a person who is married and under the age of 18 is no longer considered a child. Even in procedural practice, this often applies, where judges decide to prosecute minors with married status who are in conflict with the law not using juvenile justice, but adult justice and some who continue to use juvenile justice. Even in procedural practice, this often applies, where judges decide to prosecute minors with married status who are in conflict with the law not using juvenile justice, but adult justice and some who continue to use juvenile justice. Even in procedural practice, this often applies, where judges decide to prosecute minors with married status who are in conflict with the law not using juvenile justice, but adult justice and some who continue to use juvenile justice.

 

Article visualizations:

Hit counter


Keywords


criminal liability, married children, punishment

Full Text:

PDF

References


Arif, Barda Nawawi. 1998. Some Wisdom Aspects of enforcement and development of criminal law, Bandung. PT Citra Aditya Bagti

Ali, Mahsur. 2011. Fundamentals of Criminal Law. Jakarta. Sinar Graphic

Huda, Chairul, 2006. From No Criminal Without Error Towards Criminal Responsibility Without Error, Jakarta: Kencana Prenada Media.

Lamintang, PAF. 2007. Indonesian Penetrating Law, Sinar Graphic.

Sambas, Nandang, 2013. Juvenile Criminal Justice in Indonesia and International Instruments for Child Protection and Their Application, Yogyakarta: Graha Ilmu

Saleh, Roeslan, 1990. Criminal Acts and Criminal Liability, Jakarta: New Script.

Sudarto, 1988. Criminal Law I, Semarang: FH UNDIP

Sudarto, 1988, Criminal Law I, Semarang: FH UNDIP

Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code

Law of the Republic of Indonesia Number 39 of 1999 concerning Foreign Human Rights. 1999/No. 165, TLN NO. 3886

Law of the Republic of Indonesia Number 23 of 2002 concerning Protection of Foreign Children. 2002/No. 109, TLN NO. 4235

Law of the Republic of Indonesia Number 21 of 2007 Concerning the Eradication of the Crime of Trafficking in Persons LN.2007/NO.58, TLN NO.4720

Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System LN.2012/No. 153, TLN No. 5332

Law of the Republic of Indonesia Number 7 of 2017 concerning General Elections

Circular Letter of the Supreme Court of the Republic of Indonesia Number 07 of 2012 concerning Legal Formulations of the Results of the Supreme Court Plenary Meetings as Guidelines for the Implementation of Duties for the Court.

Republic of Indonesia Supreme Court Regulation Number 04 of 2014 Concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System.




DOI: http://dx.doi.org/10.46827/ejpss.v6i2.1471

Refbacks

  • There are currently no refbacks.


Copyright (c) 2023 Hibertus Sujiantoro, Galih Setyo Refangga

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

The research works published in this journal are free to be accessed. They can be shared (copied and redistributed in any medium or format) and\or adapted (remixed, transformed, and built upon the material for any purpose, commercially and\or not commercially) under the following terms: attribution (appropriate credit must be given indicating original authors, research work name and publication name mentioning if changes were made) and without adding additional restrictions (without restricting others from doing anything the actual license permits). Authors retain the full copyright of their published research works and cannot revoke these freedoms as long as the license terms are followed.

Copyright © 2017 - 2023. European Journal Of Political Science Studies (ISSN 2601-2766) is a registered trademark. All rights reserved.

This journal is a serial publication uniquely identified by an International Standard Serial Number (ISSN) serial number certificate issued by Romanian National Library. All the research works are uniquely identified by a CrossRef DOI digital object identifier supplied by indexing and repository platforms. All the research works published on this journal are meeting the Open Access Publishing requirements and standards formulated by Budapest Open Access Initiative (2002), the Bethesda Statement on Open Access Publishing (2003) and  Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities (2003) and can be freely accessed, shared, modified, distributed and used in educational, commercial and non-commercial purposes under a Creative Commons Attribution 4.0 International License. Copyrights of the published research works are retained by authors.