Published on International Journal of Law
Publication Date: March, 2020
Lita Kurniawan & Sunarto
Faculty of Law, University of Jember
Jember, East Java, Indonesia
Journal Full Text PDF: Distinguish between Violation and Crime in Criminal Law.
Delegation is given by an individual or group of people who are authorized to do so as tasks assigned by the community to him. Whereas the recipient of an abundance in taking responsibility for the deed is in the form of a punishment called “criminalized”. So for someone who is convicted means he is carrying out a sentence to account for his actions which are considered unfavorable and endanger the public interest. It aims to let the reader know about criminal law. In addition, the reader can distinguish between violations and crime, so that it can be applied in the community. The criminal law consists of norms which contain the necessities and prohibitions which (by the legislators) have been associated with a sanction in the form of punishment, namely a special suffering. Sentencing as threatened by every violator in the regional regulation must be absolutely carried out by the court. In carrying out detention, examination and seizure of regional governments and their instruments of authority are bound to the provisions stipulated in Law No. 8 of 1981 concerning Criminal Procedure Law. In addition, on the basis of the validity of the law, criminal law can still be distinguished between national criminal law and international criminal law (supranational criminal law). International criminal law is a criminal law that is created, recognized and enforced by many or all countries in the world based on an international convention, applies and becomes the law of the nations which must be recognized and enforced by the nations of the world.
Keywords: Grantor, delegation, accountability, punishment, law and criminal law.
In the life of society is often faced with an urgent need, the need for self-fulfillment and sometimes even because of a desire or insistence to maintain self-status. In general, the needs of every human being will be met, although not entirely, in circumstances that do not require pressure from within or others. The urgent needs are fulfilled and must be met immediately, often often done without careful thought that can harm the environment or other humans. Things like that will cause a negative effect that is not balanced with the atmosphere of a good value life. To return to the atmosphere and life of good value it requires an accountability of the perpetrators who do until there is an imbalance.
The responsibility that must be carried out by the perpetrators is in the form of delegation of community discomfort so that suffering or loss can be felt. Delegation is given by an individual or group of people who are authorized to do so as tasks assigned by the community to him. Whereas the recipient of an abundance in taking responsibility for the deed is in the form of a punishment called “criminalized”. So for someone who is convicted means he is carrying out a sentence to account for his actions which are considered unfavorable and endanger the public interest. This statement is enacted by social and religious life. If there are people who violate this statement both with words and with the activities of physical members, then he will be subject to sanctions. Only what can be felt heavy is criminal law sanctions, because it is an implementation of the accountability of the activities carried out and the form of criminal sanctions as something that is felt to be fair by the community.
2. UNDERSTANDING CRIMINAL LAW
Formulating criminal law in terms of words to be able to provide a comprehensive understanding of what is meant by criminal law is very difficult. But at least by formulating criminal law into an understanding can help provide an initial description / description of criminal law. Many definitions of criminal law given by criminal law experts include the following:
• W.L.G. Lemaire
The criminal law consists of norms which contain the necessities and prohibitions which (by the legislators) have been associated with a sanction in the form of punishment, namely a special suffering. Thus it can also be said, that criminal law is a system of norms that determine the actions which (do something or not do something where there is a necessity to do something) and under what conditions the law can be imposed , and what penalties can be imposed for these actions.
According to Simons, criminal law can be divided into criminal law in the sense of tif object or strafrecht in objectieve zin and criminal law in the subjective meaning or strafrecht in subjectieve zin.
Criminal law in the objective sense is the applicable criminal law, or what is also referred to as positive law or ius poenale. Simons formulates criminal law in an objective sense as:
1. All prohibitions and orders which are threatened by misery by the state, namely a crime if not obeyed;
2. Overall regulations that specify the conditions for imprisonment, and;
3. Overall provisions which provide the basis for criminal conviction and application.
Criminal law in the subjective sense or ius puniendi can be interpreted broadly and narrowly, namely as follows:
1. In a broad sense
The right of the state or state equipment to impose or threaten a crime against certain acts;
2. In the narrow sense
The right to prosecute criminal cases, impose and carry out crimes against people who commit prohibited acts. This right is exercised by judicial bodies. So ius puniendi is the right to impose a crime. Criminal law in the subjective sense (ius puniendi) which is a regulation that regulates the rights of the state and state equipment to threaten, impose and carry out punishment against someone who violates prohibitions and orders that have been regulated in the criminal law obtained by the state from the regulations that have been determined by criminal law in the sense of object tif (ius poenale). In other words ius puniendi must be based on ius poenale.
• W.F.C. van Hattum
Criminal law is a whole of the principles and regulations that are followed by the state or another public law community, where they as custodians of public law have prohibited acts that are unlawful and have linked violations of the rules the rules are with a special suffering in the form of punishment.
Criminal law is a part of the whole applicable law in a country, which establishes the basics and rules for
1. Determine which actions which must not be carried out, which are prohibited, accompanied by threats or sanctions in the form of certain penalties for those who violate the prohibition;
2. Determine when and in what cases those who have violated the prohibitions may be imposed or convicted as threatened;
3. Determine in what way the imposition of the crime can be carried out if there are people who are suspected of violating the prohibition.
• Van Kan
Criminal law does not establish new norms and does not impose obligations that were not yet there. Only existing norms are reinforced, namely by carrying out criminal threats and convictions. Criminal law provides severe sanctions and greatly strengthens the enactment of existing legal norms. But not holding new norms. The real criminal law is the law of sanctions (het straf-recht is wezenlijk sanctie-recht).
Criminal law is all the legal rules that determine what actions should be imposed by the criminal and what type of criminal it is.
Criminal law is a number of legal regulations that contain prohibitions and orders or compulsions that violate the law with penal sanctions (sanctions) for those who make them.
• Adami Chazawi
Criminal law is part of public law that contains / contains provisions regarding:
1. General rules of criminal law and (which are related / related to) the prohibition to commit certain acts (active / positive or passive / negative) accompanied by the threat of sanctions in the form of criminal (straf) for those who violate the prohibition
2. Certain conditions (when) that must be fulfilled / must exist for the offender to be able to impose criminal sanctions that are threatened by prohibiting acts that are violated;
3. Actions and efforts that may or should be carried out by the state through its equipment (for example the Police, Prosecutors, Judges), against those suspected and convicted as violators of criminal law in the framework of the state’s efforts to determine, suspend and implement criminal sanctions against himself, as well as actions and efforts that may and must be carried out by the suspect / defendant in violation of the law in an effort to protect and defend their rights from state actions in the state’s efforts to enforce the criminal law.
• E.Y. Kanter dan S. R. Sianturi, that even customary criminal law that is not made by the state or political authority still has a place in the sense of criminal law. Customary law grows and is rooted in people’s awareness and relationships. The fact that customary law still prevails in Indonesia until now is undeniable, thus the formulation of criminal law is part of positive law that applies in a country by taking into account the time, place and part of the population, which contains the basics and provisions regarding acts of prohibition or acts of thirst and to the offenders threatened with criminal. Determine also when and in what way the perpetrators of the violations are accounted for, as well as the provisions regarding the rights and methods of prosecution, prosecution, criminal prosecution and criminal conduct for the sake of upholding the law which focuses on justice. This formulation also includes customary (criminal) law, and aims at establishing a balance between various interests or justice.
The extent to which customary (criminal) law is included or has a role in influencing criminal law that has been regulated in legislation, much depends on respecting noble values which constitute (local) community legal awareness, still / whether customary law is recognized by law the state, as well as the extent to which customary (criminal) law is still considered in line with or tolerated by the Pancasila philosophy and applicable laws. The latter dependence is an absolute limitation on the application of customary (criminal) law. Thus actually the principle of legality is still adhered to or maintained, only in some cases there are exceptions. In the event that there is a conflict between customary (criminal) law and applicable law, the judge as the main figure to settle a dispute / case plays a significant role. Judges are considered to be familiar with the law. Judges must find and find the law. Judges have a high position in society, therefore judges as wise and wise human beings, who are accountable to God, nationally and personally, must not refuse to give justice. From some of the opinions cited above, it can be drawn a description of the criminal law, that the criminal law is at least a law governing:
1. To do an action;
2. The conditions for a person to be subject to criminal sanctions;
3. What criminal sanctions can be imposed on someone who commits a prohibited act (offense);
4. How to maintain / enforce criminal law.
3. DIVISION OF CRIMINAL LAW
Criminal law can be divided / distinguished from various aspects, including the following:
1. Criminal law in the sense of objectif and criminal law in the subjective sense.
2. Material criminal law and formal criminal law
According to van Hattum:
a. Material criminal law that is all the provisions and regulations which show the actions which are actions that can be punished, who is the person who can be accounted for those actions and what kind of punishment that can be imposed on that person, also called abstract criminal law.
b. Formal criminal law contains regulations that govern how abstract criminal law must be applied concretely. Usually people refer to this type of criminal law as criminal procedural law.
3. Codified criminal law (gecodificeerd) and criminal code that is not codified (niet gecodificeerd):
a. The criminal laws that were codified for example are: the Criminal Law Act, the Military Criminal Law Act, and the Criminal Procedure Code (KUHAP);
b. Uncodified criminal law, for example, various criminal provisions that are spread outside the Criminal Code, such as the Corruption Law (Act No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Criminal Acts Corruption), Law (drt) No. 7 of 1955 concerning Economic Crimes, Law (drt) No. 12 of 1951 concerning Firearms and Explosives, Law No. 9 of 1998 concerning Independence Expressing Opinion in Public, Law No. 8 of 1999 concerning Consumer Protection, Law No. 21 of 2007 concerning the Eradication of Trafficking in Persons, and other regulations which contain criminal sanctions.
4. Criminal law in general (algemene deel) and criminal law in special parts (bijzonder deel)
a. Criminal law in this general section contains the general principles as regulated in Book I of the Criminal Code that governs General Provisions;
b. The special section criminal law contains / regulates crimes and violations, both codified and non-codified.
5. General criminal law (algemeen strafrecht) and special criminal law bijzonder strafrecht), van Hattum in P.A.F. Lamintang states that the general criminal law is a criminal law that has been deliberately set up to apply to everyone (general), while a special criminal law is a criminal law that has been deliberately set up to apply to certain people, for example for members Armed Forces, or is a criminal law that regulates certain criminal acts such as fiscal crime.
6. Written criminal law and unwritten criminal law The various customary laws in Indonesia are still recognized as valid as long as they do not conflict with Pancasila. Customary law is generally not written. According to Wirjono, there is no customary law (gewoonterecht) in the series of criminal law. This is official according to Article 1 of the Criminal Code, but if in rural villages in Indonesia there are remnants of criminal law based on custom and which are concrete, it is very likely that this will affect the interpretation of the articles of the Criminal Code.
Guided by Article 5 paragraph 3 b of Law No. 1 Drt In 1951, it turned out that there was still a way to enforce adat offenses, albeit in a limited sense. Examples are: Poso District Court decision on June 10, 1971, Number: 14 / Pid / 1971 concerning customary acts of sexual intercourse outside marriage. Sitting on the bottom line is that the defendant in 1969-1970 in the Lawanga village of Poso sub-district of the city had consecrated sex outside marriage with E, which eventually caused E to become pregnant and give birth to a child. The accused has been found guilty of committing the offense of decency based on article 5 paragraph 3 b of Law No. 1 Drt 1951 jo. Article 284 of the Criminal Code.
Thus the criminal law system in Indonesia recognizes the existence of written criminal law as mandated in Article 1 of the Criminal Code, but by not ignoring the principle of legality it is also known that unwritten criminal law is a result of the recognition of the law that lives in the community in the form of customary law.
7. General criminal law (algemeen strafrecht) and local criminal law (plaatselijk strafrecht)
General criminal law or ordinary criminal law is also referred to as national criminal law. General criminal law is a criminal law established by the Central State Government that applies to legal subjects who are in violation of criminal law prohibitions throughout the country’s jurisdiction. Whereas local criminal law is a criminal law made by the Regional Government that applies to legal subjects who commit acts that are prohibited by criminal law in the jurisdiction of the regional government. Local criminal law can be found in Regional Regulations at the Provincial, Regency and City Government levels.
Sentencing as threatened by every violator in the regional regulation must be absolutely carried out by the court. In carrying out detention, examination and seizure of regional governments and their instruments of authority are bound to the provisions stipulated in Law No. 8 of 1981 concerning Criminal Procedure Law.
In addition, on the basis of the validity of the law, criminal law can still be distinguished between national criminal law and international criminal law (supranational criminal law). International criminal law is a criminal law that is created, recognized and enforced by many or all countries in the world based on an international convention, applies and becomes the law of the nations which must be recognized and enforced by the nations of the world, such as:
a. International criminal law originating in the London Agreement (8-8-1945) which became the basis for the International Military Court in Neurenberg to try German war criminals in the second world war;
b. The 1949 Red Cross Convention which included, among others, the victims of war who were wounded and sick on land and at sea, prisoners of war, civilians in war.
4. NATURE OF CRIMINAL LAW
The criminal law has two main elements in the form of norms and sanctions, to function as the conditions that must be obeyed by everyone in the association of community life and to ensure all legal disorderly, then the existing legal relationship is emphasized to the public interest.
Pompe states that are highlighted by the criminal law in its growth at the present time is in the public interest, the public interest. Legal relationships brought about by actions of people and lead to the imposition of criminal Similarly, there is not a coordinated relationship between the guilty with the injured, but the relationship is subordination of guilty against the government, which is assigned to consider the interests of the people. Hazewinkel-Suringa firmly say that the criminal law including public law.
Stakeholders ius puniendi means the country as representatives of the legal community. It is the task of the criminal law to enable human beings to live together. There occurs the relationship between public law violators in the case of failure by the criminal law shall be punished (strafbaarheid) an act generally persist despite done with the consent of the objectives of the act, and the prosecution does not depend on those who are disadvantaged by the actions that can be convicted of it. An individual can become a civil prosecution in a criminal case, especially in terms of damages.
The nature of criminal law as a public law may dike-tahui by:
1. A criminal offense is still there, even though his actions have the prior approval of the victim;
2. Prosecution under criminal law was not hung in the desires of those who have been harmed by an offense that has been done by others.
3. Criminal punishment costs borne by the state, while criminal fines and confiscation of goods are becoming income countries.
According wirjono prodjodikoro, criminal law can be declared a public law. It is based on the legal relationship stipulated in the criminal law the emphasis not on individual interests, but the interests of the public. This trait can be seen in criminal law, namely in terms of the application of criminal law in effect does not depend on the will of the individual seo-rang, which in concreto directly harmed, but right handed over to the government as the representative of the general. For example, in the case of criminal fraud, a fraud prosecution does not depend on the will of those who cheated, but kewe-Nangan Prosecutor as a means of government agencies. Only as an exception,
However, there are some scholars who disagree that the criminal law is public law, such as Van Kan, Paul Scholten, Logeman, Lemaire and Utrecht. Experts argue that the law in principle does not hold kaedah-rules (norms) are new, melain-kan norms of criminal law that already exists on other legal departments as well as the existing sanctions. Only at a level ter-course, these penalties is not balanced anymore, so it takes a firmer sanctions and heavier called the sanctions (penalties) criminal. Other reasons put forward to strengthen their opinion is, that it is not always required menun ruler-tut a specific criminal offense as required to be there “Oversight-duan” of the injured party or affected by crime.
5. FUNCTION / PURPOSE OF CRIMINAL LAW
Tirtaamidjaya stated purpose of the holding of criminal law is to protect the public masyarakat.Secara criminal law serves to regulate people’s lives in order to create and the maintenance of public order. Man in an effort to meet the needs and interests of different hidupannya sometimes conflicted with each other, which can cause harm or disturb the interests of others. In order not to cause harm and disturb the interests of others in an effort to meet their needs that the law provides rules that limit human action, so he could not take its own course.
With regard to the purpose of the criminal law (Strafrechtscholen) are two streams purpose of establishing the rule of criminal law, namely:
1. classical flow
According to the classical stream (de klassieke school / de klassieke richting) the purpose of the criminal legal framework to protect individuals from the ruling authority (the State). Markies van essentially a stone of Beccaria wrote about “Dei delitte edelle pene” (1764). In the article it was demanded that the criminal law should be regulated by legislation should be written. In the days before the influence of Beccaria writing it, the criminal law that is largely unwritten and in addition to the power of King Absolute can host an arbitrary court by passing laws according to the feelings of the judges themselves. Residents do not know for sure where prohibited acts and criminal weighs threatened because the law is written. The court process is not running well, until the events that shocked the people, as in France with the case of Jean Calas te Toulouse (1762) who is accused of killing his own son named Mauriac Antoine Calas, because his son was found dead in his father’s house. In the examination of Calas remain admitted and the judge still found guilty and sentenced to death and the execution by guillotine. Society is not satisfied, which considers Jean Calas was not air-wrong to kill his son, so that Voltaire condemned the court decision, which turned out to demand to re-examine the Calas case granted. The results of the re-examination Mauriac became clearer-kan die by suicide. Community in an uproar because of the decision, and subsequent community leaders like JJ Rousseau and Montesquieu helped demanded that the rule of King and rulers to be limited by any written law or statute. All events were immortalized it was an attempt to protect the legal interests of individuals to individuals.
Therefore, they want to be held a pera-turan written so that everyone knows where the actions are forbidden or not, what the penalties and so forth. It is expected to be guaranteed hakmanusia rights and legal interests of individuals. Written rules that will govern the people, will give birth to kepas-tian law and can avoid the public from arbitrary Mo-handedness. The followers of this doctrine assumes that the purpose of criminal law is to ensure the legal interests of individuals. Every action performed by Sese those (people) who by law-rang an insane criminal law and threatened with criminal punishment should be imposed. Menu-rut classical flow, criminal punishment imposed without memper-hatikan personal circumstances of violations of the law maker,
2. modern flow
Modern flow (de moderne school / de moderne richting) menga-jarkan arrangement purpose of criminal law to protect masha-rakat against crime. In line with these objectives, developm-ment of criminal law must consider the crime as well as the kea-daan criminals. The criminology research object among others is the behavior of an individual or society is one of the sciences that enrich the science of criminal law. Effect of criminology as a social science generate a new stream which considers that the purpose of criminal law is to combat crime in order to protect the interests of law-ter society.
Here is mentioned also some opinions that dikemuka-kan of the function / purpose of criminal law. According Sudarto function of criminal law can be differentiated as follows:
1. Common Functions
The criminal law is one part of the law, therefore the function of criminal law is also similar to the function of the law in general, which is to regulate social life or for organizing governance in society;
2. Special functions
Special functions for criminal law is to protect the interests of the law against a crime that was about to memper-kosanya (rechtsguterschutz) in the form of criminal sanctions that are sharper when compared with the sanctions contained in other legal branches. In the criminal sanctions are a tragic (a depressing) so that the criminal law is said to be “slicing its own flesh” or as a “double edged sword”, which means that criminal law aims to protect the interests of the law (eg: life, property objects, independence, honor), but in case of violation of the ban and ordered it wearing injury (hurt) the interest (objects) offender law. It can be said that criminal law that gives rules for menaggulangi evil deeds.
Chazawi Adami said that, as part of a public law function of criminal law:
1. Protect the legal interests of the act or acts that attack or rape law tersebutKepentingan legal interests that must be protected, there are three kinds, namely:
a. Individual legal interests (individuale belangen), for example, the legal interest of the right to life (lives), the legal interest on the body, the legal interest will be the property of the object, the legal interest on the dignity and good name, the legal interest of the sense of decency, and so forth;
b. Legal interests of society (sociale of maatschappe-lijke belangen), for example, the legal interest of the security and public order, the order passed traffic on the highway, and so forth;
c. The legal interests of the state (staatsbelangen), for example, the legal interest of the safety and security of the state, the legal interest of the countries of the saha-bat, the legal interest of the dignity of the head of state and his deputy, and so on.
2. Provide a legitimate basis for the state in order to run the country shortly protection function on a variety of legal interest
In defending the legal interests protected, conducted by the state with actions that are very unpleasant, actions that actually violates the interests of personal law that is fundamental to the parties concerned, such as arrest, detention, pemerik-saan to the imposition of criminal sanctions to perpetrators , This enormous power, that power in the form of rights to carry out criminal convict who attacked people or citizens legal interest is only owned by the state and regulated in the criminal law itself, especially in the criminal procedural law, so that the state can run function to enforce and protect legal interests protected by criminal law as well as possible.
3. Regulate and restrict state authority in order to carry out the functions of the state protection of legal interests.
The state power is very large in order to uphold and protect the legal interests may be dangerous and backfire for its citizens, the state can act sewe-nang-treatment if it is not regulated and restricted such that the rights and obligations of state regulation is absolutely necessary.
According to Jan Remmelink criminal law (supposedly) intended to enforce the rule of law, protect the legal community. Humans one by one in an interdependent society, Kepen-tingan them and the relations between them are determined and protected olehnorma-norm. Secure social order is for the most part is highly dependent on coercion. If the norms are not diataati, will appear sanctions, sometimes in the form of informal, eg indifferent treatment and loss of status or social rewards. But if-stuck me more important things, sanctions (law), through the state legal order that complements the social structuring, refined, strengthened and imposed on violators of these norms. This is all not to say, forgetting that criminal punishment in practice they are also a means of state power sharpest to dike-nakan to the offender. It became clear that the above understanding of criminal law is not an end in itself, but has a service function or social function.
According to Van Bemmelen, criminal law that establish norms and notions that are directed to their own goals, namely assessing the behavior of actors who can be imprisoned. Van Bemmelen said that criminal law is the same with other parts of the law, because all parts of the law dictates the rules to enforce the norms recognized by law. However, in one aspect, criminal law deviate from the legal department, namely in criminal law talked about the addition of suffering intentionally in the form of criminal, although the criminal also has a function other than adding to the misery. The main objective is to maintain all parts of the legal order, peace, prosperity and peace within the community, without deliberately cause suffering.
Furthermore, Van Bemmelen stated that the criminal law is ultimum remedium (last drug). Wherever possible diba-tation, it means that other parts of the law it is not enough to enforce the norms recognized by law, then the criminal law is applied. He pointed speech Dutch Justice Minister Modderman which among others stated that the criminal sanctions must remain an ultimum remedium. Every penalty of no objection, but this does not mean that the threat of punishment to be abolished, but always have to consider the gains and losses that criminal threats, and must keep from happening drugs given worse than the disease.
Criminal procedural law called formal criminal law also set out how the government maintain the continuity of the implementation of criminal law material. Its management is based on Law No. 8 of 1981, concerning the law of criminal procedure. The provisions of the criminal procedure code was written in a systematic and organized in a legal statute book, meaning codified in the statute books of Criminal procedure law (Criminal Code), the enactment of the Criminal Procedure Code was enacted after the date of December 31, 1981 through the State Gazette of the Republic of Indonesia No. 76, Additional State Gazette No. 3209.
The purpose of criminal procedural law codifying it mainly as a substitute Regleemen Indonesia (RIB), on criminal procedure was incompatible with the needs of the community again with the goal of providing protection for human rights. While the function is to solve the problem in defending the public interest. The provisions of the Criminal Procedure Code which consists of 286 chapters, according to article 2 states that the Criminal Code applies to administer justice in public courts. That is, the scope of application of these codes follow the principles of criminal law and with jurisdiction over crimes by the Criminal Procedure Code only general justice, unless otherwise determined by that Act. To implement the Criminal Procedure Code needs to know do some important things among others are:
a. The presumption of not guilty (presumption of innacence)
In Article 8 of Law No. 14 of 1970 states that “any person suspected, arrested, detained, prosecuted and / or appear before the Court, shall be presumed innocent until the decision of the court, which said kesalahanya and obtain a binding legal force” is based on the presumption of innocence is, then for a person suspected of committing a crime since certain to get a decision that has the force of law must be from Court judge, he still has the rights of the individual citizen.
Case connectivity that is the criminal act committed jointly between one or more of which can only be tried by General Court and one or more of which can only be tried by the military court. According to article 89 paragraph 1 states that “Crime conducted jointly by those belonging to the general courts and military courts, examined and tried by a court of judicature-general courts, unless by decision of the minister of defense and security with the approval of the minister justice of the matter should be examined and tried by a court in military courts “. Under the provisions of this Article, the authority to hear the case is in the public courts connectivity.
c. Implementation Oversight Court Decision
Enforcement of criminal cases in the first degree who already have permanent legal force carried out by prosecutors in carrying out the decision (execution) was chairman of the court perform surveillance and observation tasks. In Article 277 paragraph 1 of the Criminal Code states that “in every court there should be a judge who is assigned specifically to assist the Chairman in conducting surveillance and observation of court rulings that impose criminal deprivation of liberty”.
Abintoro Prakoso. 2016 Child Protection Law. Yogyakarta: LaksBang Pressindo.
Ahsinin Azkar. 2015. Understanding the Importance of Children and the Child Consistent Defining the Legal System. http://www.ypha.or.id/web/wp-content/uploads/2015/02/Pengertian-Anak-dan-Pentingnya-Konsistensi-mendefinisikan-Anak.pdf
Annisa Febrina. 2017 Law Enforcement against Children Doing felony obscenity in the concept of Restorative Justice. Fair: Law Journal. 7 (2).
Bakhtiar Handar Subandi. Application of Criminal Sanctions and Measures against Children, according to Law No. 11 of 2012 on Child Criminal Justice System. Thesis. Indonesian Muslim University Makassar.
JM van Bemmelen.2015. Criminal Law 1, Bandung: Binacipta
Nandan Sambas. 2013. Criminal Justice Instruments Children In Indonesia and Child Protection and Application. Yogyakarta: Graha Science.
PAF Lamintang. 2010. Fundamentals of Criminal Law Indonesia, Bandung: New Light
Yuniar Fira. 2017. Criminal Sanctions for Children Doing Crime of Torture Perspective of Islamic law (Case Study in District Court Sungguminasa). Thesis. Alaudin UIN Makassar.