CRIMINAL LIABILITY FOR MARRIED CHILDREN IN RELATION TO CRIMINATION

Abstract

The goal of this study is to evaluate married children's criminal culpability in light of various rules to show that punishment can occur in accordance with the intended objective of punishment. According to Article 1 Paragraphs (1) and (2) of Law on the Juvenile Criminal Justice System Number 11 of 2012 of the Republic of Indonesia, the juvenile criminal justice system is based on the principles of: protection, justice, non-discrimination, the best interests of the child, respect for children, survival and development of children, proportionality, deprivation of liberty and punishment as a last resort, and avoidance of retaliation. In this approach, being married or single creates a problem. A kid is defined as any anyone who is younger than 18 (eighteen) years old and has not yet entered into a legally binding marriage, including unborn children if doing so is for the child's benefit, according to Law Number 39 of 1999 respecting This implies that a person who is married and under the age of 18 is no longer considered a child. Even in procedural practice, this often applies, where judges decide to prosecute minors with married status who are in conflict with the law not using juvenile justice, but adult justice and some who continue to use juvenile justice. Even in procedural practice, this often applies, where judges decide to prosecute minors with married status who are in conflict with the law not using juvenile justice, but adult justice and some who continue to use juvenile justice. Even in procedural practice, this often applies, where judges decide to prosecute minors with married status who are in conflict with the law not using juvenile justice, but adult justice and some who continue to use juvenile justice.