THE RENEWAL OF CRIMINAL LAW TOWARD THE ROLE OF “BAPAS” IN THE PROCESS OF SENTENCING JUVENILE WHO COMMITS A CRIME FOLLOWING THE ENACTMENT OF LAW NO 11 YEAR 2012 ON THE JUVENILE JUSTICE SYSTEM (A JUDICIAL AND SOCIOLOGICAL STUDY)

Abstrak

Juvenile as a culprit of certain crime are no longer considered as new
phenomena. To address this issue, juvenile needs protection from negative impact
of fast growth and development, the flow of globalization in the field of
communication and information, the rapid progress of knowledge and technology,
and the shift of parents’ life style. These factors have been brought a basic social
change in society that affects children’s values and behavior. Therefore, serious
concern to the treatment of law toward children should be given to protect the
children from violence, displacement, pressure, harassment, and anxiety. In this
case, the role of bapas in the process of children sentencing is important considering
that the result of the report is one of the most vital features in taking decision. For
that reason, the judge has to be sure that their decision will be a fundamental aspect
to supervise children toward a better future.
This research applied a statute approach. Prior to executing the approach, the writers
analyzed the study using theoretical and conceptual approaches. The next approach
in this research is creating inventory of the laws related to the renewal of criminal
law toward the role of “bapas†in the process of sentencing children who commits
a crime following the enactment of Law No 11 year 2012 on juvenile justice system
(a judicial and sociological study). In addition, a policy oriented approach was also
applied in this research. This policy will be studied from rational, economic and
pragmatic perspectives as well as values oriented approach. As a complement, case
approach to analyze the punishment toward children who committing a crime was
also employed. All of these methods are expected to support each other in attaining
law materials that can be utilized as analytical tools in this research.
Key words: children, bapas, sanction