PARENTAL LIABILITY PADA PIDANA PENGGANTI UNTUK ANAK BERHADAPAN HUKUM

Authors : Yuni Ristanti; Ahwan Ahwan
article cite 0 Year 2025
source: GANEC SWARA
Abstract

This research is motivated by the increasing number of children facing criminal penalties and the limitations of the juvenile criminal justice system, which still places individual criminal responsibility on children, without considering the role of parents as influential parties in shaping children's behavior. The purpose of this study is to analyze the normative basis, extent, and possibility of implementing the concept of parental liability or criminal responsibility of parents as a form of substitute punishment for children who carry out serious crimes. The research method used is normative legal research with a statutory, case, and historical approach through an analysis of the National Criminal Code, the Juvenile Criminal Justice System Law, and practices in several countries, such as the Philippines. The results of the study indicate that the application of parental liability can be used as a means of reforming juvenile criminal law oriented towards restorative justice. This concept places parents as active participants through educational and social sanctions such as parenting education, social work, and family rehabilitation, so that the law not only punishes but also educates and restores


Concepts :
Legal and Social Justice Studies
Indonesian Legal and Regulatory Studies
Marriage and Family Dynamics
article cite 0 Year 2025 source GANEC SWARA
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