UPAYA PENANGGULANGAN TERHADAP RECIDIVE DENGAN PELAKU ANAK Dl WILAYAH HUKUM PENGADILAN NEGERI KABUPATEN MALANG
Abstract: The objective of
this research is to get a discription of thepunishment applied to a child
recidivist based on the protection and prevention. The method employed is
ajuridical sociological approach, where theprimary data serve as themain data,
andthe secondary as complementary data and therespondent were the judges of the
Court of First Instance Malang, Community Empowerment Agency Malang regency, the
child recidivist, and the Head of Child Prison in Blitar, East Java. The
results of the research showed that inpractice, thepunishment given by the judges
to child offenders as therecidivist were in jail and this kind of punishment is
traditionally inherited from the Dutch colonialism, and thepunishment wereheavy
(called as penalprevention). And efforts were notmadetounderstand thenature of
crimes madebychild recidivistsduring the examination, trial and
decisionprocess. Itis not in line 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 cooperation should be
made in orderto minimizechildoffenders and to have a political product
concerning with the penal reform.
Keyword: prevention,
recidivist, child
Penulis: Ibnu Subarkah
Kode Jurnal: jphukumdd090077
