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Original Research

PROTECTING CHILDREN RIGHTS: MENTAL HEALTH PROTECTION AS CRIMINALS IN THE JUSTICE SYSTEM IN INDONESIA

STEFI SANDRA TATILU 1, CAECILIA J.J WAHA 2, THEODORUS H. W. LUMUNON 3, and WEMPIE JH. KUMENDONG 4.

Vol 18, No 07 ( 2023 )   |  DOI: 10.17605/OSF.IO/3Y2QE   |   Author Affiliation: Faculty of Law, Sam Ratulangi University, North Sulawesi, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 1348-1356   |   Published on: 25-07-2023

Abstract

Protection of children can be done by protecting children directly as an effort that is directly related to the interests of children. The research is a normative juridical research. In explaining and studying legal issues, legal concepts and steps are used which are normative approach. The results show that in the judicial process, children should be treated as humanely as possible because they have basic rights that must be respected by anyone in this world, namely human rights. Important for it is understood that the child's mental health condition as a criminal offender, because the condition of mental health of children who commit crimes can influence their behavior and judicial process. Therefore, it is important for the justice system to understand the mental health condition of children and take this into account in court proceedings. Children as criminals who have mental health disorders need special protection so they do not become victims of violence and discrimination during the trial process. They also need access to adequate and effective mental health services. Protection of children’s mental health as actors in the justice system is very important to ensure that children get protection and respect for their rights.


Keywords

Children; Criminal Law; Human Rights; Mental Health