Maros District Court , as measure measuring implementation law in South Sulawesi, noted improvement case act criminal child from 2020-2023 , reaching 237 cases . The increase This underline importance evaluation and improvement in implementation Law No. 3 of 1979 Juncto No. 11 of 2012 concerning Juvenile Court . The following is data on children sentenced at the Maros District Court in 2020-2023:

Source : PN Maros 2023

From the table on show , Number the child who did act criminal and filed to Maros District Court experienced fluctuation between 2020-2023 , with improvement significant in 2022 (77 cases ) before Finally decreased in 2023 (65 cases ). Although Thus , the number case This Still classified as high and show improvement quality crime from year to year . The following is the data on the types of actions Crimes Committed by Children in 2020-2023 Maros :

Source : PN Maros 2023

From the 2020-2023 data , cases theft child dominate (129 cases ), followed by persecution (30 cases ), crime to order general (25 cases ), and crime to morality (18 cases ). Action other crimes such as embezzlement , extortion , receiving and crime to lives were also recorded , although in more amount​ small . This data show improvement quality crimes committed​ child , no Again limited to crime conventional like theft , but also includes threatening action​ safety soul . Although Law No. 3 of 1979 Juncto No. 11 of 2012 concerning The Juvenile Court provides option criminal and action for child naughty , [13] at the Maros District Court the judge tends to more often to drop sanctions criminal , without consider type crimes committed​ children . Here are the types Sanctions Imposed by Maros District Court Against Children in 2020-2023 :

Source : PN Maros 2023

In the table above , from 237 cases child in conflict with law in the Maros District Court between 2020-2023 , only 16 cases were diverted with criminal prison and 2 cases returned to parents , while​ sanctions action like handover to the state or Ministry of Social Affairs No Once applied , as well as criminal prison plus fine . The judge's tendency to choose sanctions criminal show lack of understanding to the essence of Article 22 of Law No. 3 of 1979 in conjunction with No. 11 of 2012 concerning The Juvenile Court provides opportunity sanctions action . [14] In fact , the sanctions action aiming For to rehabilitate perpetrator in a way positive . Judges tend to ignore objective various forms of punishment ( prevention , protection , solidarity and retribution ), so that decision often harm child . The judge should consider type crime child in a way casuistic and prioritizing sanctions action . According to the judge at the Maros District Court , the imposition of criminal based on the information witnesses and victims, with criminal prison as option main except For crime heavy , while sanctions action only become alternative . [15] Thinking This affected by ambiguity arrangement sanctions in law . Ideally , judges should more wise and considerate balance sanctions with action child for decision fair and unfair sacrifice right child . Another problem is existence case children under 12 years of age who were sentenced punishment prison . Here is the data Number of Children Sentenced Unsolved crimes​ aged 12 years 2020-2023 at the Maros District Court :

Source : PN Maros 2023

This matter is deviation from provisions of Article 26 (4) of Law No. 3 of 1979 in conjunction with No. 11 of 1980 2012 About The Juvenile Court affirmed that :

If child naughty Not yet 12 years old do act criminal offenses that are not threatened with punishment dead or No threatened with criminal prison lifelong life so to child naughty the dropped sanctions in the form of action as referred to in Article 24. Decision Maros District Court which provides sanctions criminal in the form of imprisonment to child naughty yet​ 12 years old as mentioned above​ is a mistake big in the form of deviation provision legislation that has consequences sacrificed protection rights the child who should be provided by State institutions . [16]

Become things to note for the judges before to drop verdict to child is consideration the law that is made reason criminalization . [17] Based on results interview with Rifai , aged 15 years ( interview , 24 June 15) was dropped criminal prison to child based on considerations among others: Cases that are carried out The abuse that resulted the disabled victim lifelong live on the arm adjacent right , threatened with criminal 6 months in prison cten Now Already undergo criminal prison for 3 months.Family the victim asked set peace an amount of 20 million. But the family the perpetrator No able to For pay it , then the perpetrator surrender and accept the sentence that has been determined by the Maros District Court 2020-2023

Observing inspiration the writer give opinion from reason said , will but the judge should not just prioritize or put forward objective criminalization yartu protect interest general with sacrifice interest the child . According to writer how wise if before to sentence criminal , judge more emphasize Again other considerations such as condition House ladder the children and the condition of the parents .

In position this is it mentor RUTAN community as one of the instrument enforcement law in matter court child , holding a central role . At least give report / consideration to the judge before dropped verdict . However fact show that mentor community No proactive in the process of taking the decision in question . In other words, that provisions of Article 56 of Law No. 3 of 1979 Juncto No. 11 of 1979 2012 About The Juvenile Court mandates matter mentioned above​ Not yet walk as expected .

Another obstacle felt by the Maros District Court is lack of number of judges who are not comparable with amount case children handled by the Maros District Court , this can result to lack of quality the resulting decision because judges tend to think practical use set decision with fast . Lack of interest advisor law For accompany defendant in trial court children are also problem separately at the Maros District Court from that's all case only there is a number of case only accompanied​ advisor law in court so that felt lack of control against the Maros District Court Judge in the fall verdict , while according to provisions of Article 55 attendance advisor law is a mandatory thing .​

All problem mentioned above​ will can resolved if all party especially Maros District Court is aware and has good intentions For more . fix or to fix self in matter shortcomings specifically in implementation provision Law No. 3 of 1979 Juncto No. 11 of 2012 Concerning Assisted Juvenile Court with role active instruments law other like mentor community RUTAN, advisor law , parents / guardians as well as the department that is divided so that expected provision Law No. 3 of 1979 Juncto No. 11 of 2012 Concerning The Juvenile Court can become law that lives in the midst society that leads to the establishment of law with No sacrifice rights personal owned by the child .

In the section This under review about implementation criminal to child after diovnis criminal by the Maros District Court at the Class II RUTAN as place coaching correctional based on system institutions and methods coaching with system correctional , replacing system previously held imprisonment​​ Stage This is stages end in caste justice criminal in connection with pattern coaching inhabitant correctional , especially for convicts who are classified as child under age refer to to provisions that have been listed in Law No. 3 of 1979 Juncto No. 11 of 2012 Concerning The Juvenile Court mandates the formation of the State Detention Center (RUTAN) for Children, specifically handle child who has sentenced criminal by the district court . Furthermore status as child educate correctional with pattern coaching that must be different with prisoners . [18]

Next in the section Explanation in Law No. 3 of 1979 Juncto No. 11 of 1979 2012 About Article 60 (1) of the Juvenile Court explains that if in the a area Not yet there is a Children's Prison , then child educate correctional placed in a prison with provision its placement separated from adults . In Maros Regency , for example as known that Not yet There is a Children's Prison as intended above so that child educate correctional placed in Maros Class II RUTAN and pattern training implemented and implemented​ entirely by the Maros Class I Correctional Center (BAPAS) . With Thus, Maros Class I Prison is only provide place , while coaching as essence criminalization fully become not quite enough answer BAPAS Class I Maros with based on provisions of Article 34 ( Ib ) of Law No. 3 of 1979 in conjunction with No. 11 of 2012 concerning Juvenile Court . [19]

From the above explanation can it is said that BAPAS plays a role important since the beginning stage investigator wow politics , prosecution by prosecutors and in the trial process until to implementation decision district court in the form of the fall sanctions criminal . This is what underlies writer so that choose Maros Class II RUTAN as place to obtain information regarding sub discussion this . Starting from June - July 2022, Maros Class II RUTAN has handling 127 cases child . Cases of theft , abuse and crime to order general occupy frequency happens the most . Of the many Lots case the part case the part big sentenced by the Maros District Court with in the form of criminal imprisonment . Latest data obtained writer July 2021 there is as many as 51 children ongoing criminal offense undergo coaching by the Maros Class II RUTAN Data stated in table following :

Source : RUTAN

Class II Maros 2023

As description implementation construction done by RUTAN based on description resource person of one of Pak Buhari's Son Block Builders with Pak Hendrik ( interview , 24 June 2022) covering :

Construction spiritual

Ideological mental construction

Construction education

Coaching skills , and

Coaching sport '

What is implemented entirely by RUTAN which consists of on three part the main points are :

Registration Section

Maintenance Section

Training and Skills Development Section

In order to establish achievement objective coaching , then child educate correctional given skills and education according to the talents and interests possessed by the child educate correctional matter This According to the Block Advisor, Mr Buhari's child is intended For still attached to him . The rights referred to namely :

The right to receive adequate education​

The right to perform worship

The right to get maintenance health

The right to convey complaint

The right to accept visit family

The right to obtain remission / deduction of detention time

The right to receive liberation conditional

Rights​ rights guaranteed by law​

However thus implementation criminal child is not walk without obstacles , so Lots perceived shortcomings​ both felt by the RUTAN and by the students Correctional .