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Legal policy in the handling of ABH in Indonesia has provided fresh air for ABH status
especially of children as perpetrators of crime. However, based on research results show that
attempts to tackle the ABH on a practical level the child has not been able to answer the
problem itself. That is, the implementation of ABH treatment not in accordance with the
child's perspective. First, the cause of children committing crimes because of 2 things namely
poverty and the culture of consumerism. Second, the state through law enforcement agencies
to strengthen the ideology that the perpetrators deserve to be punished, including children.
Third, the notion that prisons can make a deterrent ABH. Fourth, there is still the dominant
role of the state in resolving cases of ABH. The role of social institutions are still at the level
of the process of 'knowing' rather than efforts to 'engage'.
A. .
The issue of children growing public concern with the intermediary of media presents
various cases of deprivation of rights of children, which was a case of violence against
children, cases of extreme malnutrition, until the child trafficking problem. One case is
enough public attention was the arrest of 10 cases of children who were playing a coin turn
up at the airport by police because they are doing is considered gambling in 2009. They all
are men who are studying in elementary school and junior high school. These children are
caught by the police, the legal process and finally stand trial to be accompanied by Komisi
Perlidungan Anak Indonesia (KPAI). They tried to make gambling lawsuit. When present at
the hearing, the children that the average age of 12-16 years was also accompanied by her
parents and counsel children. Children with this condition is often referred to as children who
deal with the law or common termed as ABH.
ABH became a phenomenon increasingly implicated today. Based on data from the
Directorate General of Corrections, the Department of Justice and Human Rights of prisoners'
children (students correctional) until March 2008, children who become prisoners and
detainees amounted to 5630. While the end of 2009 the number increased to 5760
(http://www.menegpp.go.id). The national condition also found in various other areas in
Indonesia no exception in the region of Central Java. Data in 2008 showed that children who
were detained in prison who are found in Central Java province as much as 14.166 children
consisting of 14.116 boys and 50 girls. Central Java occupy the largest amount in the case of
ABH. In addition, more than half of these children are boys.
In the Law No. 23 of 2002 on the protection of children mentioned that one child who
received special protection of children one of whom is dealing with the law. These children
are uprooted from their world because most of them have languished in jail or prison because
of legal issues that convolute them. Inside the prison itself was a child not be separated from
various problems. Starting from violence, stigma bad boy, could not attend school until the
problem of traumatic for the child. Secretary KPAI even say that children who are in prisons
make crime education (http://www.tribunnews.com/2010/09/22/1471 -anak-berhadapan-
dengan-hukum).
The existence of the UUPA, special protection for the ABH and the provision of
restorative justice model prisons of children and child-friendly courts do not guarantee the
protection and fulfillment of children's rights for the ABH. Because the involvement of
children in the law caused by many factors including social, economic and cultural. In
addition, socio-cultural implications carried by ABH large enough from the start not being
met and the lack of their rights in the prisons also the social stigma that is given by the
society after he got out of prison. As a result, ABH rejected socially.
This article is going to examine how the presence of ABH in Central Java and coping
strategies undertaken by local government. Basic data taken in this article refers to the
qualitative study of ABH cases in four District namely Klaten, Grobogan, Salatiga and
Kebumen. The four locations were selected based on consideration of the four demographic
conditions of different locations (urban, semi urban, rural) and the high cases of ABH in
these four areas. Meanwhile ABH mentioned in this article are ABH inside the prison / jail.
Thus, ABH is classified as a child actor and the State does not become the object of study in
this paper.
. c /
From definitonthe child, then under Law No. 3 / 1997 on Juvenile Court, which
referred to the ABH is a child who has attained the age of 8 years but not attained the age of
18 years and have never been involved in the act of marriage is forbidden for children, either
by legislation according to the rules and regulations and other laws which apply in life and
society concerned. If the child has not reached the age of 8 years and committed the offense
then known as juvenile delinquents. Meanwhile, according to Law No. 23 of 2002 concerning
child protection, which is the ABH is a child who because of circumstances and certain
conditions must be involved in the proceedings, both as a child in conflict of law (criminal),
children as victims of crime and children as witnesses. In this research to refine definition
ABH, the focus for ABH who are in prisons or detention of children as perpetrators of crime.
In Law No. 23 Year 2002 on Child Protection, ABH is a child who gets special
protection. Protection of children is an effort that held a state where every child can exercise
the rights and obligations. The protection of children is also an embodiment of justice in a
society. Thus the protection of children as possible should be sought in various fields of
national life and society. (Shanty Dellyana, 2004:6).
While in Law No. 3 Year 1997 on Juvenile Justice is also regulated on the rights of
children in conflict with the law. Children's rights are:
So on the basis of such legislation, efforts should be performed on children who are dealing
with restorative justice. This needs to be considered in dealing with children who deal with
the law for the purpose of restorative justice is achieved. Restorative justice efforts aimed at
prevent children from detention and labeling of children as criminals, the recurrence of child
abuse a crime and is responsible for his actions.
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When talking about the presence of ABH can not be separated from the State policy
in dealing with ABH especially children as perpetrators of crime. Antonio Gramsci, one of
the leaders who criticize the existence of the state as the long arms of the capitalists argue
how the state treats children as perpetrators of crime. Various policies issued by the state in
the handling of ABH does not necessarily make their presence to be better, but contrary.
Gramsci introduced the concept of hegemony in viewing position of the state. Hegemony is a
view of life-style and the dominant way of thinking that includes a concept of reality
disseminated in the community both institutional and individual; (ideology) dictate all tastes,
habits of moral, religious principles and political, as well as all social relations, especially in
the intellectual and moral meaning.
Hegemony can occur through the mass media, schools and even through preaching or
conducting religious propaganda indoctrination that caused a new awareness in the society
(A. Pozzoloni, 2006). What is shown by the state which is often just an illusion deliberately
created to eliminate the ideology and identity as a free man. Therefore, hegemony can be
seen as a strategy to retain power (Simon, 1982:3). In the state system, the efforts of
dominant class (the government) to manipulate the lower class consciousness (community) is
to involve intellectuals in government bureaucracy and intervention through education and
art.
Such as what is disclosed by John Storey that hegemony occurs in a society where
there is a high level of consensus with a large measure of social stability in which the lower
classes with the active support and accept the values, ideas, purpose and meaning of culture
that bind and unite them on existing power structures. According to Gramsci, the group that
controlled not only internalize the values and norms of the ruler but also gave approval for
the subordination that made the ruling. Through its products, the hegemony of the sole
determinant of something that is considered right both morally and intellectually (Nezar
Patria and Andi Arief, 2003).
Through the concept of hegemony, Gramsci argued that the power can be lasting and
lasting for at least two devices need work. First, is a device capable of committing acts of
violence that is forcing or in other words the power of the device requires a nuanced work
enforcerment law through institutions such as military, police and prisons. Second is the
devices that can work to persuade the public and its institutions to abide by those in power
through religious life, education, arts, and also the family. It can also be done through
community institutions such as NGOs, social and religious organizations, associations, and
interest groups.
Meanwhile, data that is composed of the Office of State Attorney Purwodadi in 2010
(January-November 2010) there were 34 cases which are not all done ABH detention. Basis
of detention based on an agreement between parents ABH with the victim facilitated by
BAPAS. Based on the FGD results was found that all cases that incoming to the Attorney
ABH must be done the legal process. Of the 34 cases consisted of 22 cases of a criminal act
of theft, 10 cases of a criminal act of decency, and 2 cases because the crime of persecution.
Data obtained within the five institutions of the law in Salatiga then was found as
many as 1 children as police custody, 14 children custody attorney, children custody and 14
district courts. And from the Source District Court District of Klaten Klaten and prisons there
are as many as 23 ABH with the majority of cases of decency and stealing. From all the data
collected from four locations are the majority of ABH male.
In general there are two causes that make children deal with the law that is the
problem of poverty and consumerism. The majority of ABH has not graduated high school or
dropping out of school. The level of education and parents ABH low also influenced by the
family's economic condition. Low parental education has implications for the type of work
that can be accessed (the majority of informal sector) so that the minimum family income or
mediocre. Poverty is one major cause that makes these children involved in various cases of
stealing he did.
Also onslaught of consumer culture created by the global capitalist system also have
implications on teenagers maketh as objects and targets of various commodities which try to
provide a certain image by a particular lifestyle. Cases of stealing committed by these ABH
after examined more in fact used by them as an instrument to fulfill particular lifestyle that
they are pursuing as a teenager of today. In Kebumen such an ABH stealing grain to buy
phones with advanced facilities. Other cases such as ABH stealing mobile phones in schools,
the case of ABH fights at school and in society.
Problem of law in accordance with the rules and job handling of agencies such as
Poltabes, judiciary, and courts are also not out helped make children susceptible go to jail.
During the hand who sued or feels aggrieved by the action concerned ABH keep doing the
prosecution then these institutions could not stop the cases of ABH, but even proceeded to the
level of the court until the trial and received jail sentences. The principle of humanism can be
done as long as the plaintiff can forgive the act ABH and withdraw its claim.
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Deprived the rights of children in prisons do not just a matter of education. Health
problems, identity and their freedom also become another issue. Although health of ABH
considered but is not optimal because do not all prisons have adequate health facilities.
Additionally the room which quite narrow (each prison has only one room for any number of
ABH) to make health ABH was not optimal.
Of all the things which felt by ABH in prison for the majority of their complained
about the lack of freedom for them because of imprisoned and required to comply with a
series of rules that apply in the prison. Children's rights that should be prioritized in the
handling of cases of child disappeared as if swallowed by the desire of the stakeholders who
think making these children become the deterrent to be a good boy. Though the involvement
of children in the criminal do not always come from themselves but from the socio-cultural
factors which surround their lives.
÷ ÷ ÷
÷
Children are potential and successors the ideals of national struggle, who has a
strategic role in national development. Importance of guidance and protection in order to
ensure growth and development of physical, mental and social development. To carry out
supervision and provide necessary protection for children who involves both institutional
support or adequate legal tools.
Based on data concerning the presence of ABH in Central Java and handling efforts
during this indicates ABH 4 things.
1. Poverty versus materialist ideologies
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As described by Kartini Kartono (1992:71) that the variation of the social environment that
states that the number of juvenile crime in a particular racial group is a function of their
socioeconomic position. One cause of children committing unlawful is feeling frustrated
because not able to achieve the desired object that is a sign of modernization such as HP.
Children are important consumers in the products offered by capitalism. Consumers lost in
symbols, images and performances that are difficult to distinguish between fiction and reality.
Thus, rationality no longer has a place and without meaning. This is the hegemony of the
values of poverty versus materialistic ideology which handcuff children. For the role of the
state is required to break the chains of poverty and materialistic culture.
The process can explain that someone that committed a crime must be submitted to
that first law enforcement agencies ie the police. No exception children. This suggests that
any perpetrators of crimes deserve punishment. Although there is the mediation process but
the final result submitted to the victims of crime. That is the perspective of the victim is still
dominant in giving legal status to children.
The prison will only birth forms of violence and crime continued for children because adult
prison keeps hidden crimes ranging from drugs, fights between inmates, as well as sexual
harassment. This is actually encouraging ABH perform similar actions. The learning process
at the jail will only make the act criminal ABH. In other words, children get the learning
other forms of crime. This is evident from the results of FGD there are children who have
repeatedly committed crimes equal to 3 times (District Grobogan). Sociologically, children
are vulnerable to the behavior that exist in the surrounding environment. The ability to judge
good and evil is still unstable and thus require the role of parents and society environment
that provides a positive value rather than vice versa.
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Children who have 'stayed' in jail will always get the labeled a criminal by the environment.
This also happens in society generally. The label attached to it makes the child even more
uncomfortable with herself. The end result is the boy will take action against other crimes.
For ordinary people, prison is the best therapy for ABH because prison is considered will
make a child deterrent. But the facts on the ground show a different thing.
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So far, attempts to tackle the ABH, at the macro level has involved many law enforcement
agencies (police, prosecutors and judges) as well as social institutions (community leaders).
But on a practical level, there is no synergy between the institutions involved in resolving
cases of ABH. Institutions are still running on its own.
Based on the Childrens data indicate that the role of law enforcement agencies as a
representative of the state is still dominant. At the level of law enforcement agencies, the
handling of ABH there are still some matters that are not responsive to the children¶s need
such as hand-cuffed, using a special uniform prisoner, there is no child's special prosecutor,
to the detention period that quite high (up to 3 years). This means consideration of ABH
handling process has not led to the child's future interests. Whereas to Juvenile Court Act has
contained a special safeguard for ABH. However, at the level of implementation has not been
able to walk.
At the community level, there is no requirement to take over the handling of community-
based ABH / society. ABH handling process conducted in accordance with legal procedures.
Although there are police at the mediation process but this process depends on the decision of
the victim. This situation clearly provide for ABH psychological trauma because of the direct
dealing with law enforcement. This shows that the state's role in the handling of ABH is still
dominant.
E. Conclusion
At the macro level, poverty as the dominant factor of a child to commit a crime so the
government (state) must improve the welfare of the community so that children's needs can
be met with either at the family level. In the midst of poverty, cultural modernization have
hegemony children through signs and imagery that is displayed. Children can no longer
distinguish between real and false requirement, but what is shown to modern culture is just
nature hipereallity.
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F. REFERENCES
A. Pozzolini, Pijar-pijar Pemikiran Gramsci. Yogyakarta: Resist Book. 2006
Kartoni Kartono (1992), Patologi Sosial 2 Kenakalan Remaja, Jakarta, Grafiti Pers
Nezar Patria dan Andi Arief (2003), Antonio Gramsci: Negara & Hegemoni, Yogyakarta,
Shanty Dellyana. 2004. Ö
. Yogyakarta, Liberty Pustaka
Pelajar
Simon, Roger (1991),
, London, Lawrence
and Wishart
Strinati, Dominic (1995),
, London,
Routledge.
Undang ± Undang nomor 3 Tahun 1997 tentang Peradilan Anak
Undang ± Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak
http://www.menegpp.go.id
http://www.tribunnews.com/2010/09/22/1471 -anak-berhadapan-dengan-hukum