{"title":"Study on the Reconstruction of the Concept of Criminal Sanctions in the Juvenile Justice System","authors":"Nanci Yosepin Simbolon, Juanrico Alfaromona Sumarezs Titahelu, None Rosmalinda","doi":"10.55908/sdgs.v11i10.1109","DOIUrl":null,"url":null,"abstract":"Objective: This research examines the reconstruction of the concept of criminal sanctions in the juvenile justice system with a focus on rehabilitative approaches and protecting children's rights. Theoretical framework: International scientific reports, articles, and publications served as the basis for the theoretical contents. Additionally, actual materials from criminal cases were used to explain the issue under investigation in a more thorough and objective manner. Method: Used to analyze the experiences, views, perceptions, and social context involved in the research subjects. This research involved interviews with legal practitioners, judges, social workers, and individuals related to juvenile justice cases, as well as collecting data from legal documents such as court decisions and related legislation. The data collection process begins with the selection of key informants who have knowledge and experience in the juvenile justice system. Results and conclusion: The research findings indicate that traditional criminal sanctions are less effective in changing children's behavior and may exacerbate their situation. Therefore, the recommendation is to change the concept of criminal sanctions in the juvenile justice system to prioritize rehabilitative, educational and social reintegration approaches. The need to respect children's rights, the principles of restorative justice, and community protection are also stressed. Comparison with the adult justice system shows that the juvenile justice system is more focused on rehabilitation and education. In conclusion, the concept of criminal sanctions in the juvenile justice system has a major impact on the effectiveness of the rehabilitation of juvenile offenders and the protection of their rights, with the importance of prioritizing rehabilitative approaches and children's rights in the application of criminal sanctions. Originality/value: The juvenile justice system is an important aspect of the legal system which aims to protect, educate and rehabilitate children involved in criminal acts. The concept of criminal sanctions in the context of juvenile justice has a very crucial role in achieving these goals. Children as a vulnerable group require a different legal approach to adults, considering their limitations in terms of experience, cognitive capacity, and physical and emotional development. In dealing with the complexity of juvenile crimes, it is necessary to adopt an approach that is more educational and supportive of children's development, rather than merely punishing.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"460 ","pages":"0"},"PeriodicalIF":0.3000,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"McGill International Journal of Sustainable Development Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55908/sdgs.v11i10.1109","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
Abstract
Objective: This research examines the reconstruction of the concept of criminal sanctions in the juvenile justice system with a focus on rehabilitative approaches and protecting children's rights. Theoretical framework: International scientific reports, articles, and publications served as the basis for the theoretical contents. Additionally, actual materials from criminal cases were used to explain the issue under investigation in a more thorough and objective manner. Method: Used to analyze the experiences, views, perceptions, and social context involved in the research subjects. This research involved interviews with legal practitioners, judges, social workers, and individuals related to juvenile justice cases, as well as collecting data from legal documents such as court decisions and related legislation. The data collection process begins with the selection of key informants who have knowledge and experience in the juvenile justice system. Results and conclusion: The research findings indicate that traditional criminal sanctions are less effective in changing children's behavior and may exacerbate their situation. Therefore, the recommendation is to change the concept of criminal sanctions in the juvenile justice system to prioritize rehabilitative, educational and social reintegration approaches. The need to respect children's rights, the principles of restorative justice, and community protection are also stressed. Comparison with the adult justice system shows that the juvenile justice system is more focused on rehabilitation and education. In conclusion, the concept of criminal sanctions in the juvenile justice system has a major impact on the effectiveness of the rehabilitation of juvenile offenders and the protection of their rights, with the importance of prioritizing rehabilitative approaches and children's rights in the application of criminal sanctions. Originality/value: The juvenile justice system is an important aspect of the legal system which aims to protect, educate and rehabilitate children involved in criminal acts. The concept of criminal sanctions in the context of juvenile justice has a very crucial role in achieving these goals. Children as a vulnerable group require a different legal approach to adults, considering their limitations in terms of experience, cognitive capacity, and physical and emotional development. In dealing with the complexity of juvenile crimes, it is necessary to adopt an approach that is more educational and supportive of children's development, rather than merely punishing.