Juridical Studies on Children in Conflict with Law as the Result of Divorce Parents (Case Study of Religious Court and District Court of Stabat)

Nina Ismaya;

Abstract

Children in conflict with law are the children who face legal matters, either as a witness or a victim of a criminal offence and children who are in conflict with law is anyone is 12 years old but has not yet turned to 18 years old (eighteen) which is suspected to do criminal offense. Divorce is the legal dissolution of a marriage decided by religious courts and also it results the children are in conflict with law. Therefore, the writer is interested to do research about the children who are in conflict with law as the result of divorce parents. The study addresses three research questions which are; first, why the children who conflict with law is caused by the divorce parents? Second, what are factors that cause the children conflict with law? Third, how is the application of Restorative Justice in protecting the children conflicting with law as the result of divorce parents? The research employs qualitative method by adopting juridical empiric approach. The research method is field research; interview of research was conducted in Religious Court of Stabat, and the District Court of Stabat, dated 16 March 2018. Research data were collected by using second data which consist of primary, secondary, and third legal materials. Children in conflict with law are closely related with the divorce parents because the children are in venerable situation and are easily influenced to do actions beyond the controls of adult people. The venerable position of the children is because the children do not get their rights as it should be and cannot get concretely and intensively guidance from their parents (Article 4-19 Act Number 23 Year 2002 about child protection). New paradigm on children case resolution system is by adopting Restorative Justice by considering all party in order to resolve and to restore the first situation without imprisonment. The conclusion is that the Religious Court of Stabat gains the third highest rank of divorce cases after Medan and Deli. Furthermore, the District Court of Stabat is  the third rank after District Court of Medan and Deli Serdang of children in conflict with law. The role of government is to reregulate the certain purposes of Act Number 11 Year 2012 About Children Criminal Justice System. The suggestion is that all government apparatuses both of religious court as well as ministry of religion to educate actively any program that prevents the divorce rate at Religious Court of Stabat.