Analisis Hukum Pembinaan Terhadap Anak Pidana di Lembaga Pembinaan Khusus Anak (LPKA) Kelas I Medan

Abstract

Child definition, by law, is anyone before reaching the age 21 or has yet to get married. Some say that a child is anyone under the age of 18, Law 3/2003 on Child Protection stipulates a child is anyone before the age of 18 years, and even is right when a child in still in the womb of a mother, meanwhile Law No. 3/1997 on Child Justice says a child is anyone being naughty after reaching the age of 8 years, but before reaching the age of 18 years and has yet never to get married. In view of the background under-reviewed, there are some problems that this reseacrh will bring forward: 1) How is the process of coaching child prisoner carried out by the Special Children Coaching Facility Class 1 Medan?; 2) What has been the obstacles faced in coaching child prisoner in the special Children Coaching Facility Class 1 Medan?; 3) What has been the efforts done to overcome the the problems of coaching child prisoner within the Special Children Coaching Facility Class I Medan? This research is of a Normative Juridical Law, and is also a empirical law or or of a sociological nature, namely researching literary materials relative to the coaching of child prisoners within the Special Children Coaching Facility Class I Medan. The method applied is of normative juridical, through which the appraoach over the problem is carried by analyzing various legal aspects. Such a method is employed by reviewing law, rules and regulation presently regulating the Special Children Coaching Instituion Class I Medan. The coaching of prisoners and child inmates is of a sublime task, and not all laymen are capable of doing a such. Even for those who are now doing such tasks as officicers of Correctional Facility/Prison, they are still simply working as normal, not to have absolute dedication, integrity, and loyality in coaching the inmates as fully expected. They just simply work without necessary innovation to coach the inmates even much to be better at present. Of the stated analysis, some conclusion may be obtained, namely: 1) Either regulation or process of coaching the inmates in the Special Children Coaching Facility of Class I Medan encompases: Law No. 12/1995 on Correctional Procedures, Law No. 11/2012 on Child Crime Justice System, Government Regulation No. 31/1999 on Coaching and Developing Prisoners, Regulation No. 32/1999 on Requirements and Governance of Rights Fulfillment of Inmates, Government Regulation No.28/2006 on Amendments to Government Regulation No. 32/1999 on Requirements and Governance of Rights Fulfillment of the Inmates.; 2) Obstacles faced in the implementation of coaching activities in the Correctional Facility of Class I Medan has stemmed from started from educational factors, the coaches themselves, motivation and the available facilities, as well as the existing infrastructures; 3) While the efforts being done to overcome such obstacles constitue educational factors, the coaches themselves, motivaation, the available facilities, as well as the existing infrastructures. Of the analysis and conclusion drawn above, then some suggestions to overcome the implementation of coaching development in the Correctional Facility of Class I Medan can vary to the following: 1) It is expected of the government, in this respect, The Ministry of Law and Human Rights of Republic of Indonesia, Directorate General of Correctional Efforts, Regional Office of the Ministry of Law and Human Rights of North Sumatra to pay serious attention and the selection as well as the provision of various programs and other types of coaching development for the inmates in accordance with the needs of child inmates, human resources, appropriate facilities and infrastructures in the Correctional Facility of Class I Medan; 2) It is expected of the government, in this respect, the Ministry of Law and Human Rights of Republic of Indonesia, Directorate General of Correctional Efforts, Regional Office of the Ministry of Law and Human Rights of North Sumatra to pay serious attention on the future of the child inmates by creating an enabling environment of formal education destined for the child inmates in the Correctional Facility of Class I Medan; and 3) The roles of parents to protect and prevent children from experiencing trauma of labelling as children having been committed crimes, that may lead to influencing the children’s future development growth upon return from the imprisonment.