Criminology Review of Children's Position in the Criminal Justice Process in Traffic Accident Case that Causes Death

Abstract

This study is based on traffic accident that involve children increasingly. Indonesia is still listed as one of the countries that have children involvement in traffic accidents, the wrong pattern in the family environment becomes the main factor that brings the children involved dragged both as victims and perpetrators of traffic accidents. This paper aims to determine the position of children in the criminal justice process related to traffic accident cases resulting in death in criminological perspective as well as implementation of the concept of restorative justice handling of law against children in traffic accidents resulting in death. This writing, using the method of normative legal research with approaches analysis of legislation. The conclusion of this study is the lack of social control of the family and the encouragement of the association also contributed in affecting the child to drive, the child's self-control is still lacking, as a result of his actions the child below must enter the criminal justice process. Implementation of the implementation of restorative justice approach confirms that the handling of law against children can be done through the concept of diversion contained in Law No. 11 Year 2012 on the Criminal Justice System of the Child is the transfer of law from the criminal justice process to the process outside the criminal justice.