Tanggungjawab Negara Atas Pemulihan Hak-Hak Anak Pasca Pidana Penjara

Pratiwi, Ardita Fajar (2025) Tanggungjawab Negara Atas Pemulihan Hak-Hak Anak Pasca Pidana Penjara. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

Enforcement and recovery of children's rights after imprisonment must receive attention, enforcement, and recovery with the aim of getting a better life without negative stigma against children. This study aims to determine and examine the arrangements related to the rights and responsibilities of children after imprisonment according to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). The research method uses normative legal research with a statutory approach. The results showed that based on the SPPA Law which has regulated the rights of children after imprisonment, namely obtaining recovery from the State as referred to in article 3 of the SPPA Law, getting special protection from violence and exploitation as regulated in articles 5 and 15, and the right to get the status of ordinary civilian children and have the right to automatically return to their families which is also regulated in article 18 of the SPPA Law. The state that has the responsibility to restore the rights of children after imprisonment is only regulated in the Constitution, Human Rights Law, SPPA Law, up to the Child Protection Law, which these regulations do not explicitly explain and regulate the rights of children after imprisonment. The non-regulation of children's rights after imprisonment in legislation is philosophically due to the fact that children's rights after being released from prison must be considered equal. In this case, the government should carry out socialization about children's rights, especially the fulfillment of children's rights after imprisonment, with the aim of maintaining children's psychology and avoiding discrimination and violence in the community after imprisonment.

Item Type: Thesis (Undergraduate)
Student ID: 201810110311078
Keywords: State Responsibility, Children's Rights, Post-Criminal
Subjects: K Law > K Law (General)
Divisions: Directorate of Postgraduate Programs > Master of Law (74101)
Depositing User: 201810110311078 arditafajar
Date Deposited: 02 May 2025 06:41
Last Modified: 02 May 2025 06:41
URI: https://eprints.umm.ac.id/id/eprint/16987

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