A HUMANE APPROACH IN DEALING WITH CHILDREN IN CONFLICT WITH THE LAW

Authors

  • Bernadeta Resti Nurhayati Fakultas Hukum dan Komunikasi, Universitas Katolik Soegijapranata
  • Samantha Elisabeth C Fakultas Hukum dan Komunikasi, Universitas Katolik Soegijapranata

Abstract

Children are the future of the nation, therefore, they need care, education and guidance from their parents, guardians or foster parents. Their life, however, sometimes doesn't go as expected. Some of them even have to deal with the law because of their unexpected behavior.  The future of the children of criminals deserves attention, especially if they have to be responsible for their actions. A humane approach in resolving the cases of children in conflict with the law considers that the children's rights are human rights. They who are in conflict with the law are still given the opportunity to improve themselves and obtain their rights as children.This paper aims to analyze a humane approach as a consideration in implementing diversion. It uses socio-legal method and qualitative analysis based on primary and secondary data. The humane approach views children as human beings who need protection in the form of adults’ intervention because a criminal imposition on children does not always have a positive impact on law enforcement itself. This is because the children's futures can still be improved and their rights are human rights. The best interests of the children should be the main consideration.

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Published

2025-02-19

How to Cite

Bernadeta Resti Nurhayati, & Samantha Elisabeth C. (2025). A HUMANE APPROACH IN DEALING WITH CHILDREN IN CONFLICT WITH THE LAW. Jurnal Komunikasi Hukum (JKH), 11(2), 1–11. Retrieved from https://ejournal.undiksha.ac.id/index.php/jkh/article/view/92467

Issue

Vol. 11 No. 2 (2025): Agustus, Jurnal Komunikasi Hukum

Section

Articles

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Authors who publish with this journal agree to the following terms:

    1. Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
    2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
    3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).