Ahmad Wildan Rofrofil Akmal, Erik Wibowo

Analisis Perlindungan Hak Pelaku Tindak Pidana Anak Dalam UU No. 11 Tahun 2012 Perspektif Teori Keadilan John Rawls

Introduction

Analisis perlindungan hak pelaku tindak pidana anak dalam uu no. 11 tahun 2012 perspektif teori keadilan john rawls. Analisis perlindungan hukum pelaku tindak pidana anak berdasarkan UU No. 11/2012 di Indonesia, menggunakan teori keadilan John Rawls. Mengulas diversi & keadilan restoratif.

Abstract

Criminal acts committed by children are increasingly frequent in Indonesia. The state is responsible for providing special protection for their rights. Law No. 11 of 2012 on the Juvenile Criminal Justice System was introduced as a state response to the need for a child-friendly justice system. This research aims to analyze the legal protection of children who commit criminal acts from the perspective of John Rawls' theory of justice. This study employs a normative legal method using statutory and conceptual approaches. Data sources were obtained through literature studies using primary and secondary legal materials such as legislation, academic literature, and journals. Law No. 11 of 2012 provides legal protection for child offenders through diversion mechanisms and the application of restorative justice. These measures are taken to avoid the imprisonment of children, protect their fundamental rights, and ensure a humane and educational judicial process. The government also emphasizes the involvement of the community and families in the child’s recovery process. The protection of children under Law No. 11 of 2012 aligns with the two main principles of John Rawls' theory of justice: the principle of equal liberty and the difference principle. Children, as a vulnerable group, are positioned as individuals whose rights must be guaranteed equally with other children and who must receive special treatment to ensure substantive justice. This law reflects a legal partiality toward children as the most disadvantaged group within the criminal justice system.

Review

The study "Analisis Perlindungan Hak Pelaku Tindak Pidana Anak Dalam UU No. 11 Tahun 2012 Perspektif Teori Keadilan John Rawls" presents a timely and critical examination of legal protections for child offenders in Indonesia. Addressing the increasing frequency of juvenile crime, the paper effectively positions Law No. 11 of 2012 as the state's response to foster a child-friendly justice system. Its central objective to analyze this legal framework through the sophisticated lens of John Rawls' theory of justice is a significant strength, promising a robust theoretical underpinning for its arguments. The normative legal methodology, employing statutory and conceptual approaches, appears well-suited to the research question, leveraging comprehensive literature studies of primary and secondary legal materials. The abstract clearly articulates the core findings, emphasizing that Law No. 11 of 2012 provides substantial legal protection for child offenders primarily through diversion mechanisms and the application of restorative justice principles. These measures are commendably aimed at preventing the incarceration of children, safeguarding their fundamental rights, and ensuring a judicial process that is both humane and educational, with an explicit acknowledgment of community and family involvement in rehabilitation. Crucially, the paper concludes that this protective framework aligns with Rawls's two principles of justice: the principle of equal liberty and the difference principle. By framing children as a vulnerable group deserving of equal rights and special treatment to achieve substantive justice, the research effectively demonstrates the law's "legal partiality" towards the most disadvantaged within the criminal justice system. While the abstract strongly establishes the theoretical alignment between Law No. 11 of 2012 and Rawlsian justice, a full exploration of this topic might benefit from considering potential gaps or challenges in practical implementation. For instance, further discussion could delve into how the ideal-theory alignment holds up against real-world complexities, such as resource constraints, societal attitudes, or varying interpretations by legal practitioners. Future research could also comparatively analyze the application of these principles in different regions of Indonesia or explore potential tensions between the two Rawlsian principles in specific child offender cases. Nevertheless, this study offers a valuable contribution by providing a clear philosophical justification for Indonesia's juvenile justice system, setting a strong foundation for future empirical or policy-oriented investigations into the efficacy of these protective measures.

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