UPAYA PENANGGULANGAN TERHADAP RECIDIVE DENGAN PELAKU ANAK Dl WILAYAH HUKUM PENGADILAN NEGERI KABUPATEN MALANG

Ibnu Subarkah

Abstract

The objective of this research is toget a discription of thepunishment applied toa child recidivist based on the protection andprevention. The method employed is ajuridical sociological approach, where theprimary data serve as themain data, andthe secondary as complementary data andtherespondent werethejudgesoftheCourt ofFirst Instance Malang, CommunityEmpowermentAgencyMalangregency, the child recidivist, and the Head of Child Prison in Blitar, East Java. The results ofthe research showed that inpractice, thepunishment given bythejudgestochild offenders as therecidivist wereinjailandthis kind of punishment is traditionally inherited from theDutch colonialism, andthepunishment wereheavy (called as penalprevention). And efforts were notmadetounderstand thenature of crimes madebychild
recidivistsduring the examination, trialand decisionprocess. Itis notinline with the concept in the criminal law that such trials should contain the treatment of offenders and treatment of society. As a result, it is necessary to make a cross-sectoral cooperationshould be made in orderto minimizechildoffenders and to have a politicalproductconcerning with the penal reform.

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