Criminal Liability of Children as Perpetrators of Theft With Violence in The Jurisdiction of the South Tapanuli Police
Year: 2026
Type: article
Abstract: Violent theft by children puts law enforcement in a dilemma between child protection and victim protection. This study aims to analyze the obstacles in law enforcement against children as perpetrators of violent theft in the jurisdiction of the South Tapanuli Police and efforts to overcome them, using criminal liability theory and the theory of the juvenile criminal justice system. The methods used are empirical juridical with a legal approach and case approach, as well as qualitative data analysis. The results of the study show that the main obstacles include proving children's ability to be responsible and guilty, restrictions on diversion in criminal acts that are threatened with imprisonment for more than seven years, limited resources for child investigators, community counselors, and coaching facilities, as well as victim and community pressure. Efforts to overcome this include strengthening the capacity of the apparatus, optimizing community research, cross-agency coordination, applying proportional restorative justice, and community-based coaching. Criminal liability for children must be educational, proportionate, and place criminalization as a last resort.
Authors: Bambang Rahmadi, Nursariani Simatupang
Institution: Universitas Muhammadiyah Sumatera Utara
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7224923452