Penerapan Hukum Terhadap Anak Yang Melakukan Tindak Pidana Lalu Lintas

Abstract

Children who are the future generation is also not immune from traffic violations. Many children who commit a traffic violation by driving a motor vehicle. This type of research in this thesis is a normative legal research. This study aims to examine the causes of the child committed the crime of traffic. To examine the handling of the child who committed the crime of traffic. To assess the barriers to the adoption of the law on children who commit the crime of traffic (Analysis Decision number 1433/PID.B/PA/2013/PN.LP Decision Analysis and Decision No. 1640/PID.B/PA/2013/PN-LP). Factors causing the child committed the crime of traffic is divided into two, namely internal factors and external factors. In internal factors one of which is the family factor, this factor becomes very important due to family factors have a role in surveillance. When associated with criminal acts committed traffic the child, the family that parents should not give or allow their children to drive let alone not have a driver's license. In one of the external factors that are important are education and school factors. Relation to criminal offenses committed traffic of children, in this case the school can contribute to prohibit and take action against his protege and driving alone when bringing personal vehicles to school. Obstacle in the application of law 1) several cases filed by the Public Prosecutor in the trial was only charged with the Law No. 22 Year 2009 concerning Law No. 3 of 1997 on Juvenile Justice. 2) It often happens differences of opinion in the application of the law by the public prosecutor, especially in criminal charges the defendant, because there is a system in Attorney Rentut that does not conform to the facts that occurred. 3) Parents who do not want to be present at the trial, it is difficult for the judge to explore how the relationship with the child's real parents. 4) Barriers related to Legal Counsel, if the defendant does not have a Legal Advisor and then the Court appointed Legal Advisor to assist the defendant, Legal Counsel is ever present because there are no funds. The handling of the child is the first to attempt settlement of the criminal (penal), tackling crime refers to the Child Protection Act and Traffic Act, but still refers to that child sentenced to only half of the adults. Further efforts in action settlement (non-penal), where efforts to resolve this through actions such as returned to parents, penalties and other exercises that work all iti is to promote the interests of the child.