PUJI LESTARI, ANITA (2008) HAK ANAK DALAM BEREKSPRESI DITINJAU DARI UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK(studi terhadap kasus Bintang Maulana Zakarya). Other thesis, University of Muhammadiyah Malang.
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One basic rights of children is a guarantee to grow completely both physically and mentally. The basic right protection guarantee is corresponding to Pancasila values and State’s objective. Bintang Maulana, who insults in his writing, is a contradiction thing with the freedom in giving expression on children, at the same time it is threat children future. Based on that thing, writer interests to study Bintang’s case. The purpose of this research is to know the limitation in giving expression on children in perspective. Law number 23 year 2002 about children protection notes the investigation processes on Bintang case and reconcilition efforts of Bintang. In this research, writer uses juridical-sociological approach method. From the research result, it can be known that children’s rights in giving expression as stated in article 42 sub-article (1) of Children Protection Law and Article 58 of Human Rights Law, because in investigation process, investigation uses police attributes and id dose not agree with the investigator obligation that must conduct investigation in kinship circumstances. Besides in investigation process, Bintang feels suppressed, so Bintang’s rights as a child is seized. In conducting investigation, investigator’s action is not appropriate with the presumption of innocence, because investigator lets Bintang’s case in law indeterminacy. If the investigator feels that the case has not enough evident, it is not a criminal act, hence the investigator must stop the investigation process for the sake of law by issuing decision letters of stopping investigation.
|Item Type:||Thesis (Other)|
|Subjects:||K Law > K Law (General)|
|Divisions:||Faculty of Law > Department of Law|
|Depositing User:||Anggit Aldila|
|Date Deposited:||28 May 2012 07:28|
|Last Modified:||28 May 2012 07:28|
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