Legal Politics on the Principle of Ultimum Remedium in the Context of Protection Recidivist Children

Abstract

The principle of juvenile criminal justice focuses more on protecting and rehabilitating children of criminals, because children have weaknesses compared to adults. Repeat crimes are not new in the law, because every time there is a crime, there will be a repetition of the crime. The last principle of settlement is an important concept in criminal law that emphasizes that the use of criminal law should only be carried out as a last resort in enforcing the law. This study is intended to explore how the juvenile criminal law policy in Indonesia provides protection for children who repeat crimes and how the latter principle as a last resort is applied in the handling of recidivism children in the juvenile criminal justice system in Indonesia. In this study, normative legal research methods are used with the Laws and Regulations approach and the Conceptual Approach. Literature relevant to the object of research becomes a source of legal material that provides a juridical descriptive analysis. Research and discussions show that the progressive application of the law in the restorative justice approach is the best for children in dealing with legal problems. In the case of recidivist children, the use of ultimum remedium is intended to avoid excessive punishment and focus more on rehabilitation and recovery.