The Role of The Public Prosecutor in Prosecuting Children Who Commit Crimes of Abuse (Study at The Binjai District Prosecutors Office)

Abstract

The prosecution stage is one of the stage of settlement of a criminal case carried out by the Public Prosecutor whose provisions are subject to Article 30 of Law Number 16 of 2004 concerning the Republic of Indonesia Attorney General’s Office, which one of the duties and authorities of the Prosecutor is carry out prosecution, and is also subject to the Criminal Procedure Code. The problems in this research are what is the role of the Public Prosecutor in prosecuting children who have committed a criminal act of abuse, what are the procedures for prosecuting children who have committed a criminal act of abuse, and what are the obstacles for the Public Prosecutor in prosecuting children who have committed a criminal act of maltreatment. This type of research in writing this thesis, namely empirical legal research method research is a legal research method that functions to see the law in a real sense and examine how the law works in the community. This research is descriptive analysis, which aims to describe precisely what the characteristics of an individual, condition, symptom, or group are, or to determine the spread of a symptom with other symptoms in society. Regulations regarding the role of the Attorney General’s Office in prosecuting children who commit criminal acts between regulations have shown synchronization, synchronization can be seen in all variables, namely the variables of obligations, powers, rights and work mechanisms. All the substance of the regulations starting from KUHAP, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The prosecution mechanism for juvenile offenses carried out by the public prosecutor at the Binjai District Prosecutor’s Office, namely starting from the completion of the investigation stage, the police immediately delegate the case to the District Attorney by submitting the case file to be checked for completeness by the public prosecutor, after the public prosecutor commits examination of case files and making letters. Facilitators at the Attorney General’s Office (Prosecutor for Children) who have the authority to implement it at this stage are very minimal and public knowledge about the Diversion concept also needs to be improved. Agree on an alternative solution that protects children and still improves child offenders.