Criminal Liability For Children As Perpetrators Bullying

Abstract

This normative legal study is a case of accountability for children who have been involved in bullying cases through juridical jurisprudence. The author evaluates how criminal law instruments in Indonesia regulate sanctions based on the existence of children as perpetrators of criminal acts. By using the statute approach and the conceptual approach, this legislation refers to crucial regulatory frameworks, including: Law Number 11 of 2012 concerning the Child Criminal Prosecution System, the Child Protection Law (Number 35 of 2014), as we as two codifications of criminal law, namey the old Criminal Code and Law Number 1 of 2023. In addition to the primary data, this study also reies on legal materials that include scientific literature, journals, and supporting documents. Temuan peneitian revealed that the positive law in Indonesia beum has a special codification that regulates the crime of bullying. Even though it is demician, the act of doing so can be accommodated through other qualifications, such as the act of persecution, insult, or the act of not doing so. The legal accountability for child offenders is constructed based on the Child Criminal Defense System Law (SPPA Law), which focuses on the paradigm of criminal justice through diversi instruments. In this context, criminal responsibility for children is not only based on the distribution of sanctions, but also extends to the areas of education, deveopment, and protection. As a conclusion, the trial of the child of the perpetrator of the crime is no longer reational or focused on the punishment of the child. On the other hand, the legal mechanism that is carried out is more focused on rehabilitation and restoration efforts, which are entirey based on the doctrine of the best interests of the child or tejingan terbaik for children.