Implementation Of Child Session And Obstacles Experienced In The Lubuk Pakam District Court
Implementation of Children's Session and Obstacles Experienced at the Lubuk Pakam District Court
Introduction
Delinquency of children has become a serious problem that is the concern of all parties, including family, community, and government. Children not only become criminals, but also often become victims. This phenomenon is increasing, and data from the Criminal Case Master Register book in the Lubuk Pakam District Court shows a sharp increase in the number of child cases. In 1999, there were 77 cases, which increased to 126 in 2000, and reached 135 cases in 2001. These numbers give a clear picture that if not resolved, we are at risk of losing the generation that will become the successor to the nation's ideals, which full of potential and faith. Therefore, children need to be fostered and protected with the support of institutions and law, including the Children's Court.
The Importance of Children's Court
Law Number 3 of 1997 which regulates special procedural law for children provides a legal basis for different treatment of children involved in criminal cases. In this law, there are significant changes regarding the judicial process and handling cases of children. For example, the detention process is shorter than adults, criminal threats received by children are also only half of criminal threats to adults, and the death penalty no longer applies to children. The Children's Court plays a crucial role in ensuring that children receive fair and just treatment, and that their rights are protected.
Obstacles in the Implementation of Children's Session
However, the application of this law in the Lubuk Pakam District Court faces various obstacles. One of the main challenges is the absence of the parties who should be present at the hearing, such as parents and social supervisors. Although Article 55 of Law Number 3 of 1997 requires them to attend, the limitations of legal sanctions make this provision often ignored. As a result, the trial process becomes hampered and ineffective. In addition, witnesses' absence is also often an obstacle, where witnesses who are not present rarely get firm action.
Another problem that sticks out related to the judicial process is the relatively short detention time of children. This often interferes with the smoothness of the trial, because limited time makes the examination not optimal. The experience of the author and a number of respondents showed that this condition often created obstacles in gaining justice for children.
Solutions to Overcome Obstacles
To overcome this problem, a sensitive policy is needed but still comply with existing legal provisions. Courts need to develop mechanisms to ensure the presence of related parties, for example through a persuasive approach or stronger sanction enforcement of non-compliance. In addition, increasing the presence of witnesses by providing incentives or legal protection for them can also be a good step. This will not only facilitate the trial process, but also provide better justice for the children involved.
Collaboration between Various Parties
In a broader context, the solution to the problem of delinquency of children not only lies in the legal system, but also requires collaboration between various parties, including educational institutions, the community, and family. Preventive steps such as character education and positive social development activities are very important to prevent children from being involved in crime.
Conclusion
In this way, we can work together to create a safer and supportive environment for children, so that they can grow and develop into quality generations and are able to realize the ideals of the nation. The implementation of children's session and the obstacles experienced at the Lubuk Pakam District Court are a reminder of the importance of protecting children's rights and providing them with a fair and just treatment. By working together, we can create a better future for our children and ensure that they become the leaders of tomorrow.
Recommendations
Based on the findings of this study, the following recommendations are made:
- The court should develop mechanisms to ensure the presence of related parties, such as parents and social supervisors, at the hearing.
- The court should increase the presence of witnesses by providing incentives or legal protection for them.
- The court should provide training and education to judges, prosecutors, and other court officials on the importance of protecting children's rights and providing them with a fair and just treatment.
- The community and family should play a more active role in preventing children from being involved in crime by providing them with character education and positive social development activities.
- The government should provide more support and resources to the court and other institutions involved in handling child cases.
Limitations of the Study
This study has several limitations. Firstly, the study only focuses on the Lubuk Pakam District Court and may not be generalizable to other courts. Secondly, the study only examines the obstacles experienced in the implementation of children's session and may not capture other issues related to child delinquency. Finally, the study relies on secondary data and may not provide a comprehensive understanding of the issue.
Future Research Directions
Future research should focus on the following areas:
- Conducting a comprehensive study on child delinquency in Indonesia, including the causes, consequences, and solutions.
- Examining the effectiveness of the Children's Court in handling child cases and providing a fair and just treatment.
- Investigating the role of the community and family in preventing children from being involved in crime.
- Developing a more effective and efficient system for handling child cases, including the use of technology and other innovative approaches.
Conclusion
In conclusion, the implementation of children's session and the obstacles experienced at the Lubuk Pakam District Court are a reminder of the importance of protecting children's rights and providing them with a fair and just treatment. By working together, we can create a better future for our children and ensure that they become the leaders of tomorrow.
Q&A: Implementation of Children's Session and Obstacles Experienced at the Lubuk Pakam District Court
Q: What is the main problem faced by the Lubuk Pakam District Court in implementing the Children's Session?
A: The main problem faced by the Lubuk Pakam District Court in implementing the Children's Session is the absence of the parties who should be present at the hearing, such as parents and social supervisors. This is due to the limitations of legal sanctions, which make it difficult to enforce the presence of these parties.
Q: What are the consequences of the absence of parents and social supervisors at the hearing?
A: The absence of parents and social supervisors at the hearing can lead to a hampered and ineffective trial process. This can result in a lack of justice for the children involved, as their rights and interests are not properly represented.
Q: What is the role of the court in ensuring the presence of related parties at the hearing?
A: The court has a crucial role in ensuring the presence of related parties at the hearing. This can be achieved through the use of persuasive approaches, such as providing information and education to parents and social supervisors about the importance of their presence at the hearing. The court can also use stronger sanction enforcement of non-compliance to ensure that parents and social supervisors attend the hearing.
Q: What are some of the solutions to overcome the obstacles faced by the court in implementing the Children's Session?
A: Some of the solutions to overcome the obstacles faced by the court in implementing the Children's Session include:
- Developing mechanisms to ensure the presence of related parties at the hearing
- Increasing the presence of witnesses by providing incentives or legal protection for them
- Providing training and education to judges, prosecutors, and other court officials on the importance of protecting children's rights and providing them with a fair and just treatment
- Encouraging the community and family to play a more active role in preventing children from being involved in crime
Q: What is the importance of collaboration between various parties in preventing child delinquency?
A: Collaboration between various parties, including educational institutions, the community, and family, is crucial in preventing child delinquency. This can be achieved through the provision of character education and positive social development activities, which can help to prevent children from being involved in crime.
Q: What are some of the recommendations for the court and other institutions involved in handling child cases?
A: Some of the recommendations for the court and other institutions involved in handling child cases include:
- Developing mechanisms to ensure the presence of related parties at the hearing
- Increasing the presence of witnesses by providing incentives or legal protection for them
- Providing training and education to judges, prosecutors, and other court officials on the importance of protecting children's rights and providing them with a fair and just treatment
- Encouraging the community and family to play a more active role in preventing children from being involved in crime
Q: What are some of the limitations of this study?
A: Some of the limitations of this study include:
- The study only focuses on the Lubuk Pakam District Court and may not be generalizable to other courts
- The study only examines the obstacles experienced in the implementation of children's session and may not capture other issues related to child delinquency
- The study relies on secondary data and may not provide a comprehensive understanding of the issue
Q: What are some of the future research directions for this study?
A: Some of the future research directions for this study include:
- Conducting a comprehensive study on child delinquency in Indonesia, including the causes, consequences, and solutions
- Examining the effectiveness of the Children's Court in handling child cases and providing a fair and just treatment
- Investigating the role of the community and family in preventing children from being involved in crime
- Developing a more effective and efficient system for handling child cases, including the use of technology and other innovative approaches.