PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TAWURAN DALAM PERSPEKSITF HAK ASASI MANUSIA

Abstract

Clashes involving children as perpetrators are increasingly prevalent across various regions, raising concerns regarding the protection and fulfillment of children's rights. Within both national and international legal contexts, children even those in conflict with the law are regarded as individuals whose human dignity and worth must be protected. This study aims to examine the forms of legal protection for children involved in street brawls (tawuran) from a Human Rights (HAM) perspective, by analyzing the relevant legal frameworks such as Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2002 concerning Child Protection and its amendments, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). Furthermore, this study references international instruments such as the Convention on the Rights of the Child (CRC), which Indonesia ratified through Presidential Decree Number 36 of 1990, affirming that every child is entitled to their rights as a child and ensuring their optimal development. The research method employed is a normative juridical approach, analyzing relevant legislation, human rights principles, jurisprudence, and legal literature. The findings indicate that the Human Rights Law affirms the state's obligation to provide special protection to children, including children in conflict with the law (Articles 52-66). The Child Protection Law emphasizes that every child has the right to protection from violence, torture, and inhumane treatment, as well as the right to social guidance and rehabilitation. Meanwhile, the Juvenile Criminal Justice System Law clearly establishes a justice mechanism distinct from that for adults, based on principles such as the best interests of the child, diversion, restorative justice, restrictions on detention, and educational rather than repressive sanctions. Although the legal framework is sufficiently comprehensive, the implementation of human rights protection for children involved in brawls still faces challenges. These include limited understanding among law enforcement officials regarding restorative justice principles, inadequate resources for guidance facilities, and persistent negative social stigma that hinders the children's social reintegration. This study affirms that the handling of children involved in brawls must prioritize a rehabilitative rather than a punitive approach, in accordance with the principles of non-discrimination, respect for human dignity, and guaranteed special protection for children as stipulated in the Human Rights Law and international instruments. Thus, legal protection for children involved in street brawls not only aims to prevent recidivism but also to ensure the fulfillment of their fundamental rights as part of sustainable human development.