IMPLEMENTATION OF THE BEST INTERESTS PRINCIPLE FOR CHILDREN WHO COMMIT VIOLENT CRIMES RESULTING IN THE DEATH OF CHILDREN (STUDY IN THE CENTRAL JAKARTA DISTRICT COURT)

Children are the future generations of the nation and state, and it is essential that they receive protection to ensure their growth into fully developed human beings. However, in today's society, many children become entangled with the law, go through legal processes, and even face criminal sentences, where the principle of the best interests of the child is not yet the primary consideration for law enforcement authorities in handling cases involving children. This situation can have negative effects on a child's development. This study is a normative-empirical legal research with a legislative and case-based approach. The research findings indicate that the implementation of the best interests principle for children who commit violent crimes resulting in the death of children (a study conducted in the Central Jakarta District Court) is not yet optimally realized. During the legal proceedings, investigators and prosecutors still detain children, imprisonment remains the prosecutor's choice in the indictment, and during the trial, judges still opt for primary imprisonment as a punishment, even though there are alternative forms of sanctions such as rehabilitation, either within or outside institutions, which could be imposed on children, considering the conditions they are currently experiencing for their future well-being and development.


INTRODUCTION
Children are a trust and a gift given by the Almighty, as individuals who will continue the civilization of humanity on Earth.They should rightfully be protected because within each child resides their intrinsic worth, dignity, and rights as human beings, which must be upheld.Children are an integral part of the continuity of human life and the survival of the nation and state because they play a strategic role as the future heirs in the relay of the struggle and development of the nation and state.
Children need to be guaranteed the fulfillment of their needs, both physically and mentally, in accordance with their development so that they can grow into fully developed individuals.This is because children are individuals who have not yet achieved physical and mental maturity and are unable to independently meet their needs without assistance from those around them.Therefore, they require attention and protection from their family, community, nation, and state as a manifestation of safeguarding their future. 1e importance of providing protection to children has been a matter of international concern, as stated in the Preamble to the Declaration of the Rights of the Child, which reads: "Whereas the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth." a Faculty of Law, Bhayangkara University Jakarta Raya, Jl.Raya Perjuangan, North Bekasi, Bekasi City, West Java, Indonesia, email: rahman.amin2013@gmail.comb Faculty of Law, Bhayangkara University Jakarta Raya, Jl.Raya Perjuangan, North Bekasi, Bekasi City, West Java, Indonesia. 1 Rahman Amin, Hukum Perlindungan Anak dan Perempuan di Indonesia, Deepublish, Sleman: 2021, p. 13.
In recent times, criminal activities involving children have become increasingly prevalent in daily life within society.Currently, crimes committed by adults are also being committed by children due to various factors, including economic circumstances, as well as internal family factors such as lack of attention, care, and supervision from parents, guardians, or caregivers, which can lead to a lack of control over children and their susceptibility to negative influences in society. 2 The rise in criminal activities involving children is evident in the data of child complaints received by the Indonesian Child Protection Commission from 2018 to 2020.In 2018, there were 661 recorded cases of children involved in criminal activities, in 2019, there were 605 cases, and in 2020, there were 188 cases.These cases included children being involved in physical violence, psychological violence, sexual violence, murder, theft, traffic accidents, the use of sharp weapons, kidnapping, abortion, and terrorism-related offenses. 3 ensure and protect the growth and development of children in their lives, the Indonesian government has enacted Law Number 23 of 2002 on Child Protection, which was subsequently amended by Law Number 35 of 2014 ("Child Protection Law").Specifically, the government has also passed Law Number 11 of 2012 on the Juvenile Justice System ("Juvenile Justice System Law") which mandates law enforcement agencies handling cases of children in conflict with the law to promote diversion, restorative justice, and special protection efforts.
In practice, according to data released by the Ministry of Women's Empowerment and Child Protection of the Republic of Indonesia for the years 2017-2018, the number of children subjected to criminal imprisonment and detention during criminal proceedings remains high.In 2017, there were 2,469 child inmates, and in 2018, there were 2,154 child inmates, while the number of detained children in 2017 was 1,010, and in 2018, it was 894. 4 An example of a case involving a child in conflict with the law that drew widespread public attention and received media coverage is the case of a violent crime resulting in the death of a child, committed by a 15-year-old child with the initials "NF" against a 5-year-old victim with the initials "APA".This incident occurred on March 5, 2020, in the Sawah Besar area of Central Jakarta.In this case, the juvenile offender "NF" was only 15 years old when he committed the violent crime that led to the death of the 5-year-old victim "APA".The crime was attributed to behavioral issues stemming from past trauma. 5 a child offender, "NF" should rightfully receive special protection to ensure his survival and proper development.On the other hand, the act committed by "NF" resulting in the death of the victim "APA," who was also a child entitled to special protection under child protection laws, necessitates that law enforcement applies the best interests of the child principle.This should be done while still considering justice for the victim's family.
Implementation of the Best Interests Principle for Children who Commit Violent Crimes Resulting ... Based on these considerations, the author is interested in examining how the implementation of the best interests of the child principle is carried out in the case of a child who has committed a violent crime resulting in the death of another child, in this specific case involving "NF".This study aims to analyze how the principle is applied throughout the criminal justice process, from the time "NF" enters the legal system to the final judgment by the judge, with the goal of ensuring the growth and development of the child as a future generation of the nation and state.

RESEARCH METHOD
This type of research is normative-empirical legal research.Normative legal research involves the examination of written regulations and relies on existing secondary data available in libraries. 6pirical legal research is conducted by studying the application of law in society. 7Data is collected through library research, and the data analysis method is qualitative, which involves systematically and consistently examining research data to attain clarity regarding the issues being investigated.8

An Overview of Children, Child Protection, and the Juvenile Criminal Justice System
According to the Convention on the Rights of the Child, approved by the United Nations General Assembly on November 20, 1989, the term "child" serves as a guideline for determining a child's age by nations worldwide.Article 1 essentially defines a child as a human being under 18 unless otherwise stipulated by law.
From a legal perspective, a child is defined as someone who is not yet an adult, typically referred to as a minor or someone under legal age.When viewed in terms of age, the concept of a child can vary depending on the specific legal requirements outlined in existing regulations and legislation.9In terms of child protection, according to Article 1 number 1 of the Child Protection Law, a child is defined as someone who is under 18 (eighteen) years of age, including children who are still in the womb.In juvenile criminal justice, as outlined in the Juvenile Justice System Law, a child in conflict with the law is a child who is at least 12 (twelve) years old but has not yet reached 18 (eighteen) years old and is suspected of committing a criminal offense.
Furthermore, regarding child protection, constitutionally, it is implied in the fourth paragraph of the preamble of the 1945 Constitution, which states, "to establish a government of the State of Indonesia that shall protect all the people and the entire homeland of Indonesia."Additionally, Article 28, letter g of the 1945 Constitution mandates protection for Indonesian citizens, including children.
Specifically, child protection is regulated by the Child Protection Law, Article 1 number 2, which defines protection as all activities aimed at ensuring and safeguarding the child and their rights to live, grow, develop, and participate optimally in accordance with their human dignity, free from violence and discrimination.
Child protection is an effort to create a condition or situation in which a child who cannot yet exercise their rights and fulfill their life responsibilities is cared for and safeguarded.Based on the concept of parens patriae, which means the state provides care and protection to children, much like parents do for their own children, handling children who come into contact with the law must be done in the best interests of the child. 10e reasons why children need protection include the high recovery cost due to the failure to provide adequate protection, which is far greater than the cost incurred when children receive protection.In many situations, children cannot access protection and realize their rights, and they are more vulnerable to exploitation and abuse. 11gal protection for children is implemented as an effort to safeguard various freedoms and fundamental rights of children, as well as various interests related to the well-being of children.Legal protection for children has a broad scope, covering the protection of children's freedom, the protection of children's human rights, and legal protection for all interests related to the welfare of children. 12ild protection encompasses efforts made to support the realization and fulfillment of the rights and obligations of children themselves.Consequently, children should rightfully receive their rights to grow and develop in their lives.Children have the right to fair treatment without discrimination and should be shielded from various threats and actions that could harm them in their daily lives. 13rthermore, concerning the juvenile criminal justice system, in general, the judiciary is a judicial authority comprising courts, as well as other bodies or institutions such as the police, the The administration of justice in Indonesia falls within the scope of the judicial authority, as regulated by Law Number 48 of 2009 on the Judicial Authority, Article 1 number 1, which defines judicial authority as the independent state power to conduct judicial proceedings to uphold the law and justice based on Pancasila and the 1945 Constitution to ensure the legal system of the Republic of Indonesia.
The juvenile justice system operates within the framework of the general judiciary but follows specific procedural laws, as outlined in the Juvenile Justice System Law (UU SPPA), Article 1 number 1, which defines the juvenile criminal justice system as the entire process of handling cases involving children in conflict with the law, from the investigation stage to the guidance stage following the completion of their sentence.

Resulting in Death
To examine the implementation of the best interests of child principles for juvenile offenders in violent crimes resulting in death, the author has chosen one of the cases that garnered significant public attention within the jurisdiction of the Central Jakarta District Court.This case is detailed in Central Jakarta District Court Judgment Number: 12/Pid.Sus-Anak/2020/PN Jkt.Pst, dated August 18, 2020, which was upheld by the Jakarta High Court Judgment Number: 9/Pid.Sus-Anak/2020/PT DKI, dated September 21, 2020, and has attained legal finality.The case is as follows:

Analysis of the Investigation and Prosecution Stages
During the investigation and prosecution stages, "NF's" case could not be eligible for diversion because the criminal charges against "NF" carry penalties of more than 7 (seven) years, namely, the alleged violations of Article 76C in conjunction with Article 80(3) of the Child Protection Law, Article 340 of the Criminal Code, and Article 338 of the Criminal Code, all of which carry penalties exceeding 7 (seven) years.Therefore, it does not meet the criteria for diversion as outlined in Article 7 of the Juvenile Justice System Law (UU SPPA), which generally requires diversion for crimes punishable by imprisonment of less than 7 (seven) years and not involving repeat offenses.
From the perspective of the best interests of the child, which mandates that all decision-making must always consider the child's well-being and development15 , it can be argued that despite "NF's" actions not meeting the criteria for diversion as stipulated in Article 7 of the UU SPPA, the investigator could facilitate reconciliation efforts between "NF's" family and the victim "APA's" family.This reconciliation could help restore the situation or condition that was shaken by the criminal act, which can significantly impact "NF's" well-being.
In terms of formal legality, the actions of the investigator and the prosecutor in proceeding with "NF's" case are in accordance with applicable regulations.However, from a perspective of progressive law, law enforcement efforts against any legal violations should strive to go beyond rigid and formalistic legal positivism, which solely pursues procedural justice.Instead, they should aim to achieve substantive justice, which is the essence of law enforcement. 16cording to progressive law, law enforcement against crimes committed by children should aim to achieve justice, meaning a balance between justice for the victim and the offender.With a progressive legal approach, law enforcement, particularly judges, can and even should bypass statutory provisions to resolve cases outside of the courtroom through restorative justice.This approach allows justice, the ultimate goal of the law, to be felt by all parties involved in juvenile cases.17 This aligns with the paradigm of juvenile criminal justice according to the Beijing Rules (SMRJJ), which is not solely punitive but more oriented towards the best interests of the child.It emphasizes diversion, which means resolving cases without going through the formal legal process.It involves stopping, not pursuing, releasing from legal proceedings, returning, redirecting child offenders to the community, or providing other forms of social services.The primary essence is to avoid the negative impacts of legal proceedings on the child. 18solving juvenile cases through restorative justice means restoring relationships or making amends for the offenses committed by the offender or their family towards the victim or their family through out-of-court reconciliation.This approach aims to address legal issues arising from the offender's actions by reaching agreements between the parties involved. 19Through diversion and restorative justice, efforts are made to keep children from the criminal justice process, including criminal penalties, which should be a last resort (ultimum remedium). 20other approach related to implementing the best interests of the child principle is the family model, which differs from the due process model that focuses more on criminal sanctions. 21In the family model, the approach is depicted in a familial atmosphere.If a child makes a mistake, even if the child is sanctioned, they are still treated with love and not considered evil.This approach Moving forward with analyzing the detention of "NF" during the investigation and prosecution phases, according to Article 2 letter i of the Juvenile Justie System Law, deprivation of liberty and imprisonment are considered a last resort.Then, under Article 3 letter g of the Juvenile Justice System Law, every child in the criminal justice process has the right not to be arrested, detained, or imprisoned unless it is a last resort and for the shortest possible time.It means that the detention of "NF" is a last resort when there are no other alternatives available to law enforcement in handling the case.
From the perspective of Article 32 paragraphs (1) and ( 2) of the Juvenile Justice System Law, the detention of a child should not occur if the child can provide assurances from their parents/guardians and/or institutions that they will not flee, tamper with evidence, and/or re-offend.
Detaining a child can only be done under certain conditions: the child is 14 years or older and is suspected of committing a crime with a penalty of 7 years or more in prison.
Based on Article 32 paragraph (2) of the UU SPPA, "NF" was 14 years old or older when Regarding Article 30 paragraph (1) of the UU SPPA, "NF" has living biological parents while going through the legal process.Hence, detention should not have been carried out if there was a guarantee from the parents that "NF" would not flee, tamper with evidence, or reoffend.However, the detention was ordered by the investigators and the public prosecutor to prevent any threats to "NF's" safety and security.
In general, the purpose of detaining a child suspect during the investigative process is to ensure that the case can proceed smoothly until the case file is completed and sent to the public prosecutor.
This allows the investigators to easily present the child suspect and conduct further interrogations to complete the investigative case file. 23milarly, during the prosecution phase, the general consideration for the prosecutor to detain a child is to facilitate their appearance in court for trial.Additionally, the prosecutor's Under Law Number 4 of 1979 on Child Welfare, a child is defined as an individual who has not yet reached 21 years of age and has not been married.In Law Number 39 of 1999 on Human Rights, Article 1 number 5 states that a child is a human being below 18 (eighteen) years of age and not married, including an unborn child if it is in the child's Tinjauan tentang Anak, Perlindungan Anak, dan Sistem Peradilan Pidana Anak From the perspective of marriage, as stipulated in Article 47(1) of Law Number 1 of 1974 on Marriage, amended by Law Number 16 of 2019, children who have not reached the age of 18 or have not been married remain under the authority of their parents unless this authority is revoked.
committing the alleged crimes, which include violations of Article 76C Jo Article 80 paragraph (3) of the Child Protection Law, carrying a maximum penalty of 15 (fifteen) years in prison, Article 340 of the Indonesian Criminal Code with the death penalty, life imprisonment, and a maximum prison sentence of 20 (twenty) years, as well as Article 338 of the Indonesian Criminal Code with a maximum penalty of 15 (fifteen) years in prison.Therefore, "NF," who was 14 years old or older, and allegedly committed crimes with penalties exceeding 7 (seven) years in prison, meets the criteria for detention.
Implementation of the Best Interests Principle for Children who Commit Violent Crimes Resulting ... maintains an atmosphere of love and family values to help the child recover before the criminal act occurs.22