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| Yessica and Team Receive the Award Charter (Photo: Special) |
Cases of juvenile delinquency have been rampant lately. This is due to factors such as age and the unstable mentality of the children, which can lead them to various actions when their emotions are triggered. This has become a concern in the eyes of the law, in determining whether children should be given prison sentences or only rehabilitation.
This theme was the main motion in the debate competition participated in by the student team from the Faculty of Law at the University of Muhammadiyah Malang (UMM). They successfully won third place in the event held by the Debate and Legal Research Institute of UIN Alauddin Makassar on June 3, 2024.
"We are grateful to Allah because this is our first competition but we have already won a prize," said Yessica Fitri, the team leader.
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In the final round, she and her team discussed the equality of children in the eyes of the law. According to her, the principle of equality before the law in juvenile justice cannot be directly applied. This is because if this principle is adhered to, it can lead to hidden discrimination in cases involving children.
Furthermore, referring to Law Number 11 of 2012 concerning the Juvenile Justice System (SPPA), the resolution of juvenile delinquency cases needs to be done through restorative justice. Restorative justice involves the perpetrator, the victim, the perpetrator's or victim's family, and other relevant parties in finding a fair solution together.
Cases can go through the concept of diversion with the diversion of the resolution system to deliberation and mediation. This is aimed at ensuring that the restorative justice process is guaranteed. The concept of diversion can be applied on the condition that the offense committed by the child is a minor offense, a victimless offense, or an offense that does not cause damage exceeding the local minimum wage.
"According to our team, the formal criminal process is good. However, it needs to be questioned whether it will affect the psychological health and mentality of the victim or the perpetrator. The concept of punishment in general can only be applied to children who are over 18 years old," she added.
During the competition, they faced many ups and downs. For example, the busyness of lectures, organizational activities, or other things. It's not uncommon for her and the team to have disagreements and arguments in discussion forums. However, according to her, through these disagreements, Yessica was able to understand the thoughts and views of each team member. Not to forget, she and the team also conducted research to prepare for the competition.
This victory also would not have been possible without the support of parents and UMM during the competition. Yessica and the team admitted that parental support was the main thing that built their spirit to participate in the competition. Also, the existence of the Debate Student Activity Unit (UKM) at UMM made her more enthusiastic to develop her potential.
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Lastly, she advised UMM students to be productive at a young age. Young people should not fail to bring positive impacts to society. "On the contrary, at this young age, we are obliged to be productive and imaginative. Pour your imagination into positive things and then execute those ideas to bring benefits to society," she concluded. (tri/wil/fajr)
