Sistem Pertanggungjawaban Pidana Struktural Dalam Hukum Pidana Anak

Abstract

Sociologically, the deviations of behavior or unlawful acts committed by the child not only of his own will but can come from outside. Therefore, crime should be considered to involve elements outside the child, through structural criminal responsibility. The formulation of the problems in this research are: (1) What is the formulation policy of child crime responsibility system currently? (2) What is the application of the criminal responsibility system to children currently? (3) What is the formulation policy of structural criminal responsibility system in child criminal law for the future? The paradigm uses Post Positivism. The approach method uses normative juridical in a broad sense, i.e. not only a logical and systematic normative approach, but also a sociological empirical approach. Source of data comes from primary data and secondary data. Research location in LPKA Klas I Blitar, Custom Village of Panglipuran and Custom Village of Tenganan Pagringsingan Bali. Method of data analysis using qualitative analysis. The results of the study show: (1) The current criminal liability system policy still adheres to an individual/personal criminal responsibility system, based on the principle of error, which is limited by the age of 12-18 years. Law no. 11 of 2012 does not regulate the system of structural criminal liability. (2) The current implementation of the criminal responsibility system for children is based on an individual/personal criminal responsibility system, but in practice a structural criminal liability system has been done, within the indigenous communities of Panglipuran Village, Tenganan Pagringsingan Bali and Bajo Central Sulawesi. (3) Formulation policy of structural criminal responsibility system in child crime law for the future, it is formulated that the parties who structurally related to the occurrence of crime can be held criminally accountable, even though in real cases do not commit a criminal act. These parties may be parents/guardians, schools, or communities (environment), this structural criminal liability is vicarious liability, based on communal/collective principles. Keywords: Structural criminal responsibility system, child criminal law.