Strengthening the principle of protection of children

Oct 13, 2025 by sorusgentrification.com 30 views

The Accountability of Criminal Acts of Traffic Negligence by Children Who Cause Others to Die: A Study of District Court Decision No. 212/Pid.B/2013/PN-PMS

Introduction

Traffic accidents involving minors are a serious problem that cannot be ignored by the community, especially by parents and the government. The low level of discipline of driving and lack of parental supervision makes many children aged freely ride motorized vehicles. This situation not only makes them vulnerable to being an accident, but also victims of the traffic accident itself. In this article, we will discuss the accountability of criminal acts of traffic negligence by children who cause others to die, using the case study of District Court Decision No. 212/Pid.B/2013/PN-PMS.

The Responsibility of Criminal Acts of Traffic Negligence by Children Who Cause Death

The responsibility of criminal acts of traffic negligence by children who cause death is a complex issue that involves legal, moral, and social aspects. In the legal context, Indonesia guarantees the application of the principle of protection of children through Article 16 paragraph (3) of Law Number 23 of 2002 concerning Child Protection, which is amended by Law Number 35 of 2014. The article emphasizes that arrests, detention, or criminal prison may only be done in accordance with applicable law and as a last effort. This shows an effort to protect children from legal actions that are too hard, while emphasizing the need for a more rehabilitative approach.

Criminal Accountability Theory

In this article, the theory of criminal accountability will be the main focus. Criminal accountability, or in English is known as criminal liability, is not only related to legal aspects alone. He also includes moral values and decency held by the community. In this case, it is important to understand that justice in criminal accountability must fulfill a sense of justice for all parties involved, including victims, perpetrators, and the community. According to Law No. 11 of 2012 concerning the Child Criminal Justice System, a criminal offense under the age of 14 can be subject to sanctions, while the perpetrators aged 14 years and over can be subject to criminal sanctions. However, in Law No. 3 of 1997 concerning Children's Courts, there is no separation of age for the perpetrators, so that the imposition of sanctions fully depends on the judge's considerations and decisions.

Legal and Social Implications

Case Study of District Court Decision No. 212/PID.B/2013/PN-PMS is an interesting example to be analyzed. In this case, the judge was faced with a dilemma to decide the right sanctions for children involved in traffic accidents that led to the death of others. On the one hand, there is a need to provide a deterrent effect, but on the other hand, the perpetrator is a child who must also be protected. From a legal point of view, the judge's decision must consider both the element of punishment and rehabilitation. This emphasizes the importance of the Restorative Justice approach, where the perpetrators are given the opportunity to learn from mistakes and improve themselves, without ignoring a sense of justice for victims.

The Importance of Education about Driving Safety

Furthermore, this case also highlighted the importance of education about driving safety for children and adolescents. Effective traffic education can help reduce the risk of accidents and educate parents about their responsibilities in supervising children when using motorized vehicles. This is in line with the principle of protection of children, which emphasizes the need for a more rehabilitative approach.

Conclusion

Accountability of criminal acts of traffic negligence by children who cause others to die is a complex issue that involves legal, moral, and social aspects. Through a deep understanding of applicable law and the principles of criminal accountability, it is expected that the decisions taken can create a balance between law enforcement and protection of children's rights. Collaboration is needed between the government, the community, and family to prevent similar events in the future and create a safe environment for children in interacting with traffic.

Recommendations

Based on the analysis of the case study, the following recommendations can be made:

Strengthening the principle of protection of children: The government and the community should strengthen the principle of protection of children, which emphasizes the need for a more rehabilitative approach.
Improving education about driving safety: Effective traffic education can help reduce the risk of accidents and educate parents about their responsibilities in supervising children when using motorized vehicles.
Collaboration between the government, the community, and family: Collaboration is needed between the government, the community, and family to prevent similar events in the future and create a safe environment for children in interacting with traffic.

Limitations of the Study

This study has several limitations, including:

Limited scope: The study only analyzed one case study, which may not be representative of all cases of traffic accidents involving minors.
Limited data: The study relied on secondary data, which may not be comprehensive or accurate.
Limited generalizability: The study's findings may not be generalizable to other contexts or populations.

Future Research Directions

Future research should focus on:

Expanding the scope: Future studies should analyze multiple case studies to increase the generalizability of the findings.
Collecting primary data: Future studies should collect primary data to increase the accuracy and comprehensiveness of the findings.
Examining the effectiveness of interventions: Future studies should examine the effectiveness of interventions aimed at preventing traffic accidents involving minors.
Q&A: Accountability of Criminal Acts of Traffic Negligence by Children Who Cause Others to Die

Q: What is the main issue with traffic accidents involving minors?

A: The main issue with traffic accidents involving minors is that they are often vulnerable to being involved in accidents, and when they are involved, they are also victims of the traffic accident itself. This is due to the low level of discipline of driving and lack of parental supervision.

Q: What is the principle of protection of children in Indonesia?

A: The principle of protection of children in Indonesia is guaranteed through Article 16 paragraph (3) of Law Number 23 of 2002 concerning Child Protection, which is amended by Law Number 35 of 2014. This principle emphasizes that arrests, detention, or criminal prison may only be done in accordance with applicable law and as a last effort.

Q: What is the theory of criminal accountability?

A: The theory of criminal accountability is not only related to legal aspects alone, but also includes moral values and decency held by the community. In this case, it is important to understand that justice in criminal accountability must fulfill a sense of justice for all parties involved, including victims, perpetrators, and the community.

Q: What is the difference between the Child Criminal Justice System and the Children's Courts?

A: According to Law No. 11 of 2012 concerning the Child Criminal Justice System, a criminal offense under the age of 14 can be subject to sanctions, while the perpetrators aged 14 years and over can be subject to criminal sanctions. However, in Law No. 3 of 1997 concerning Children's Courts, there is no separation of age for the perpetrators, so that the imposition of sanctions fully depends on the judge's considerations and decisions.

Q: What is the Restorative Justice approach?

A: The Restorative Justice approach is a method of justice that focuses on repairing the harm caused by a crime, rather than punishing the offender. In this approach, the perpetrators are given the opportunity to learn from mistakes and improve themselves, without ignoring a sense of justice for victims.

Q: Why is education about driving safety important?

A: Education about driving safety is important because it can help reduce the risk of accidents and educate parents about their responsibilities in supervising children when using motorized vehicles. This is in line with the principle of protection of children, which emphasizes the need for a more rehabilitative approach.

Q: What is the role of the government, the community, and family in preventing traffic accidents involving minors?

A: The government, the community, and family have a crucial role in preventing traffic accidents involving minors. They should collaborate to create a safe environment for children in interacting with traffic, and provide education and support to parents and children to prevent accidents.

Q: What are the limitations of this study?

A: This study has several limitations, including limited scope, limited data, and limited generalizability. Future studies should aim to address these limitations by expanding the scope, collecting primary data, and increasing the generalizability of the findings.

Q: What are the future research directions?

A: Future research should focus on expanding the scope, collecting primary data, and examining the effectiveness of interventions aimed at preventing traffic accidents involving minors.