PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA PENGANIAYAAN DALAM PROSES PENYIDIKAN DI POLRES KENDARI (Studi Kasus Pemukulan Guru SMAN 1 Kendari)

Abstract

This study aims to determine and understand the factors causing the occurrence of criminal acts of abuse by students against teachers at SMAN 1 Kendari and to determine and understand the efforts made in overcoming the occurrence of abuse by students against teachers at SMAN 1 Kendari. The study was conducted in Kendari City, precisely at the Kendari City Police. This study uses descriptive research because the data obtained in the field are presented descriptively using the empirical normative approach method. Based on the analysis of the data and facts that the author has obtained, the author concludes, among others: a) The causes of criminal acts of abuse by students against teachers at SMAN 1 Kendari are intrinsic factors such as age, gender and emotions such as irritation and irritability, as well as extrinsic factors such as the environment in which they live, social circles and economy and others.; b) Efforts made in overcoming in preventing abuse by students against teachers at SMAN 1 Kendari are if classified problems that hinder the implementation of protection of rights for children as perpetrators of criminal acts are divided into internal obstacles and external obstacles. Internal obstacles arise from within the law enforcement institution, in this case the National Police Investigator, namely the lack of personnel who have the qualifications as Child investigators, the absence of a National Police Chief Regulation that specifically regulates the technical handling of Children as perpetrators of crimes, a limited budget, facilities that do not meet the elements of rights protection and socialization of the protection of the rights of Children as perpetrators of crimes has not reached investigators and assistant investigators at the sector level (Polsek). External obstacles are that Community Institutions or Bapas have not been spread across all city/district levels, thus hampering the acceleration of investigators in handling Child cases, not all cities/districts in Southeast Sulawesi have social welfare institutions (LPKS) and temporary child placement institutions (LPAS) so that Children are sometimes placed in Police detention cells that do not meet the qualifications according to the SPPA Law and it is very possible that Children's rights will not be fulfilled during the investigation process.