Pelaksanaan Pembimbingan dan Pengawasan Anak Pada Pidana Bersyarat

Abstract

Conditional punishment is a form of punishment that does not result in the deprivation of the rights from convicted person. In the juvenile justice system are different from adults. The purpose of this research is to know and understand the parole (conditional punishment) comparison of the Criminal Code, Act No. 3 of 1997, Criminal Law Concept of 2012 and Act No. 11 of 2012, as well as knowing how to transform and guiding the implementation and supervision of children in the parole (conditional punishment) conducted by Correctional Center Class I of Semarang and Prosecution Counsel of Semarang. This study uses sociological juridical approach (non-doctrinal) with data collection including interviews, literature study and documents study. The results of comparative of conditional punishment on some categories of comparison inclue the following : the sentencing limitation, general conditions, special requirements, lenght of trial, officials who helped the conditional punishment execution and implementation of education. Implementation guidance and supervision of children who undergo conditional punishment by Correctional Center Class I of Semarang and Prosecution Counsel of Semarang has not been implemented optimally considering coaching (guidance) do not have a standardized system of supervision and monitoring intergrated regulated in legislations and infrastructure constraints faced community supervising officer. The supervision to the convicted person only the implementation of a administrative is required to report row (child) by using the form P-51 as the card control must report to the prosecutor. Summary in this research i.e. basically the guidance and supervision of the implementation of compliance in the Act No. 3 of 1997, but it should be underscored diaris in practice there are still some obstacles and barriers that occur such as limited personnel and limited operational budgets.