Pemenuhan Hak Anak dalam Proses Persidangan Elektronik pada Perkara Anak yang Berkonflik dengan Hukum di Kota Medan

Abstract

Electronic trial has become a reference in resolving cases involving Children in Conflict with the Law at the first level in the District Court during the Covid-19 pandemic. Nowadays, the government has controlled the COVID-19 pandemic and the transition of pandemic to endemic period. As a result, there is a possibility that electronic trial will not be used in the future. The research discusses 3 (three) problems namely why electronic trial for in conflict with the law still being implemented, how about the implementation process of electronic trial for the cases of children in conflict with the law in Medan, and how to fulfill the rights of children in conflict with the law during the electronic trial process in Medan. This is normative juridical research. Data are obtained from secondary and primary data. Secondary data consists of primary, secondary, and tertiary legal materials. Primary data is employed as supporting data which is obtained by conducting in-depth interviews with informants as Purposive Sampling. In-depth interviews are conducted by involving children in conflict with the law, law enforcement officers, and employees of the Correctional Center in Medan. Data obtained are analyzed using qualitative method. The research results indicate that electronic trial for children in conflict with the law cases are still implemented Medan in accordance with PERMA No. 8 of 2022 on amendments to PERMA No. 4 of 2020 on the Criminal Cases Administration and Trial in Court electronically, the status of which is still in effect. The difference in the implementation of trials lies in the position of children in conflict with the law during the trial process. The offline trial process according to Law No. 11 of 2012 on SPPA, the participants of a trial as well as children in conflict with the law gather in the children’s courtroom of Special Class IA of Medan District Court. In the electronic trial process, according to PERMA No. 8 of 2022, the participants of a trial gather in the children’s courtroom at Special Class IA of Medan District Court. Meanwhile, children in conflict with the law take part in the electronic trial process in the registration and classification room at LPKA Class I Medan. The rights of children in conflict with the law have not been fulfilled, which can be seen during the trial, namely: a. Not being arrested, detained or imprisoned, except as a last resort and for the shortest time; b. Obtain justice before a children’s court that is objective, impartial, and in a closed hearing; c. Unpublished identity; and d. Obtain the assistance of parents/guardians and people trusted by the child.