Kaimuddin, Munajir and Indrayanti, Kadek Wiwik (2022) Portrait of the protection of children's rights in Fakfak Penal Institutions, West Papua. In: Proceedings the 3rd International Conference in Social Science, 4-5 November 2022, Malang.

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Abstract

Highlighting cases of protection of children's rights in Indonesia, it is necessary to conduct continuous studies to be able to provide solutions, considering that children's problems are very diverse. One of them is a portrait of the protection of children's rights in conflict with the law, especially those in correctional institutions. This article aims to examine and analyze the basis of the judge's considerations in the decision of the Fakfak District Court Number 1/pid.Sus-Anak/2022/PNFfk on the case of children and the protection of children's rights as criminal offenders who have been decided and placed in Fakfak Prison. The research method used is a mixed method, namely normative legal research because it examines the basis of judges' considerations on cases of children as criminal offenders and empirically because they conduct interviews with correctional officers to determine the conditions of the application of children's rights. The results show the basis for the judge's consideration in the decision of the Judge of the Fakfak District Court Number 1/pid.Sus-Anak/2022/PNFfk that the aggravating circumstances for his actions were disturbing the community and causing material losses for the victim young and has never been punished. The judge sentenced him to prison for 8 (eight) months and considered the rights of the child. There are 3 children detained in prison, 2 cases of theft, and 1 child due to underage intercourse. While the portrait of the condition of protecting the rights of children as perpetrators of criminal acts has not been carried out properly, because children who are criminals are placed in adult prisons. The right to education is not obtained.

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