Cybercrime In The Field Of Decency: Information Technology and MoralitySep 7, 2020 - Law In the conceptual definition, what is meant by criminal liability is the forwarding of an objective reproach to a criminal act based on the provisions of the applicable law. Subjectively, the maker who meets the requirements in the (criminal) law can be subject to punishment for his actions. Meanwhile, the requirements for criminal responsibility or the imposition of a crime, then there must be an element of guilt in the form of deliberate action or negligence. And what is meant by child is someone who has not reached the age of 18 years. In the case of a delinquent child, the child referred to is a child who is 14 (fourteen) years old, but not yet 18 (eighteen) years old, who is suspected of having committed a criminal act. The criminal law in question is a law which aims to determine what actions or who can be convicted (including the age limit of criminal responsibility), as well as what sanctions are available. The provisions on the age limit for criminal responsibility for children in the Criminal Code still have shortcomings. The shortcomings are: 1. In the Criminal Code there is no minimum age limit for child criminal responsibility, while The Beijing Rules recognize the concept of age limit for criminal responsibility for juveniles. 2. In addition to the Criminal Code, there is no explanation regarding the institutions that support child protection in law. 3. The rules regarding child criminal law in the Criminal Code are too simple, not in accordance with the development of Indonesian society. Because historically the age of the Criminal Code is quite long and too very simple and prioritizes the theory of retaliation in its regulations regarding the criminal law of children, the KUHP regulations that specifically regulate child criminal law, especially Articles 45,46,47 are deleted and replaced by laws that are more in nature. specifically, namely Law Number 3 of 1997 concerning Juvenile Court. |
