The Practice of Dividing Theft With The Prosecution of a Child Facing the Law in the Perspective of the Child’s Civil Justice System

Abstract

The basic ideas contained in the birth of Act No. 11 of 2012 on the Child Criminal Justice System are focused on the Foundations, Values, and Purposes in which the law is implemented through Restorative Justice. This basic idea is a policy and at the same time a pillar in the conduct of the criminal justice system process of children, in particular concerning matters of diversity. Where different concepts give priority to the rights of the child because, first, the child is the successor generation and the future of the nation. Second, children are socially weak groups that must be protected and directed. The child's criminal justice system gives high priority to the best rights of the child. The purpose of this study is to study and analyze the follow-up of a child as a perpetrator of a crime of theft with notice as per article 363 of the CEDAW with a penalty of imprisonment of 7 (seven) years or more, and whether it can be carried out differently, and to learn and analyse how the different methods of execution are in accordance with the Fundamentals, Values, and Purposes of the Basic Ideas born of the Law No. 12 of 2012 on the Child Criminal Justice System when linked to the policy of diversion.