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| Ratri Novita Erdianti, SH., MH (Photo : Special) |
The public was outraged by the bullying of junior high school students a few days ago in Cilacap. The perpetrator is also still a child. Many doubted that the perpetrators received inappropriate and less severe punishment. Then, how exactly does the law address crimes committed by a child and why do punishments given tend to be considered light?
Ratri Novita Erdianti, lecturer at the Faculty of Law, University of Muhammadiyah Malang (UMM), said a child is still subject to criminal responsibility. One of the consequences is special imprisonment for children. This is stated in the Law on Juvenile Justice System (Undang-Undang Sistem Peradilan Anak) number 11 of 2012 as a final effort.
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"This final effort is made if there is no other option or other option has been tried for the child as a criminal offender. Based on the law, this system is called ultimatum and remedium," she said.
Juvenile prison punishments are difficult to impose. This is due to the fact that prison generally has many negative connotations. Psychological exposure and stigmatization from the community will affect the child's growth and development. The age of children who can be given punishment is limited, in the range of 14-18 years. Under this age, they cannot be given sanctions or the final punishment of imprisonment. Only sanctions that can deter the perpetrator will be given.
"The punishments of children must be very careful. If they are not classified as perpetrators of serious crimes such as murder and immorality, other criminal options will be given. One of them, such as coaching in an institution regulated in the Juvenile Justice System Law, can be an option the judge takes," she continued.
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Furthermore, Ratri also said that sometimes, children do not realize that certain actions can be punished. For example, persecution that causes harm to others. Therefore, prison punishments for children are highly avoided and cannot be given immediately without much consideration.
"The duration of juvenile detention has also been explained in the law. There is no life imprisonment, and the maximum period of detention will be half the period of detention for adult prisoners. In addition, the prison is also specialized for children," said Ratri.
Child offenders will have their identity protected. Be it from the investigation process to the judge's decision. This is done to avoid causing a traumatic effect on the child.
"If you pay attention, maybe you can optimize other options besides prison. However, not in the case the possible option is prison. We must understand that the principle of the child's best interests is a priority to get the right criminal consideration. Especially considering the long-term effects that have a positive or negative impact on their growth and development," she concluded. (*nia/wil/fajr)
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