PENYIDIKAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK DI POLRES WONOGIRI

Abstract

The purpose of this research is 1. Analyzing the investigation of child
criminals who committed the crime of Article 308 of the Criminal Code at the
Wonogiri Police Station. 2. Analyzing the obstacles in the investigation of the
perpetrators of child crimes who committed the crime of Article 308 of the Criminal
Code at the Wonogiri Police Station.
The research method consists of normative juridical research and
descriptive research. Methods of data collection is done by literature study and
document study. Methods Data analysis was carried out in a qualitative normative
manner.
The results of the study that: 1. The process of investigating criminal
acts with child perpetrators is carried out based on Law no. 8 of 1981 concerning
the Criminal Procedure Code as a general provision, Law Number 11 of 2012
concerning the Child Criminal Justice System as a special provision, Regulation of
the Head of the State Police of the Republic of Indonesia Number 6 of 2019
concerning Criminal Acts Investigation and the Criminal Code (KUHP). ) as the
basis for violating the law, namely Article 308 of the Criminal Code. The
investigation process begins with the existence of a Community Report,
Investigation Order and Notification of Investigation Commencement.
Furthermore, the following steps are taken: summons, no arrests and detentions are
made, confiscation of evidence of a crime is carried out, examination of witnesses
and examination of suspects are carried out. Furthermore, these facts are associated
with the elements of the crime committed and analyzed so that it can be concluded
that the child perpetrator fulfills the alleged elements of the article so that the case
can be continued in accordance with applicable legal provisions.2. Obstacles in the
investigation process are more about legal substance factors that are not widely
known by the public, structural factors regarding human resources, and cultural
factors, namely the victim's psyche because he is still a child.
Keywords: Investigation, Children, Law Number 11 of 2012 concerning the Child
Criminal Justice System.