The importance of structural criminal responsibility system in juvenile criminal law in Indonesia

Abstract

The current system of criminal liability for children in Indonesia is characterized as individual point of view, which has several disadvantages, such as the imposition of a stigma against a child as a criminal. This stigma will affect the growth of children so that children cannot grow like a child who behaves normally. On the other hand, deviation behavior done by children is not all because of the child but there are factors outside the child that causes children to commit crime. In the context of integrating crime, there is a need for structural criminal responsibility that can be held accountable to other parties that are structurally related to the occurrence of a criminal act even if the facts are not involved in a criminal act. This also needs the involvement of parties of parents, schools, community and the government. Based on the criminal liability of substitute, then the parties can be accounted for by criminal in the form of criminal fine, criminal oversight or compensation to the victim.