Social Workers, Child Assistance, and Law

 Social Workers, Child Assistance, and Law

A profession that distributes social service assistance to people, groups and residents in an effort to improve social functioning and help uncover social problems, so that it can be said with social work, or social work, is a person who has a profession in helping people unravel problems and maximize function. social people, groups and citizens and bring them closer to the source system.

Social work is a field of ability that has the authority to make various efforts to improve people's skills in performing their social functions through interaction so that people can familiarize themselves with the atmosphere of their life satisfactorily. Social workers are looked at as a field of ability (profession), which means having a scientific foundation and art in the application.

Social workers carry out their roles to help themselves and others, to help the people and to help themselves or to intervene with clients, they must have competency standards including initial knowledge, second skills and the three values ​​or principles.

One of the roles of social workers that can be played is to distribute assistance and advocacy for children facing the law (abh).

The Indonesian Criminal Law System has entered a new chapter in its development. One form of updates contained in Indonesian Criminal Law is the regulation of criminal law in the perspective and the achievement of justice for the revision or recovery of conditions after an incident and criminal justice processes known as restorative justice which is different from retributive justice (emphasizing justice in retaliation) ) and restitutive justice (emphasizing justice in compensation).

In fact, diversion can also be interpreted as a system in which the facilitator controls the settlement process of the conflicting parties in order to reach a satisfactory solution like restorative justice. Traditions and mechanisms of deliberation and consensus are tangible forms of strengthening the laws that have lived in citizens for a long time.

Thus, the essence of restorative justice is treatment, moral education, citizen participation and attention, discussion, forgiveness, responsibility and making changes, all of which are guidelines for the restoration process from the perspective of restorative justice.

Children are part of the country's society that must be protected because they are the generation of the nation who at the time about to come want to continue the leadership of the Indonesian nation. Besides having to receive formal learning such as school, every child must also receive moral learning so that they can develop into a form that is beneficial to the nation and country.

In accordance with the terms of the Convention on the Rights of the Child which was ratified by the Indonesian government through Presidential Decree No. 36 of 1990, after which it was also stated in Law No. 4 of 1979 on Child Welfare and Law No. 23 of the Year. 2002 concerning Child Protection and Law No. 11 of 2012 concerning the Criminal Justice System for Children, all of which put forward universal principles of child protection, namely non-discrimination, the best interests of the child, survival and development and respect for children's participation.

Legal protection for children can be tried as an effort to protect the law against various freedoms and human rights of children. Protection of children also includes interests related to the welfare of children. Protection of children in conflict with the law (ABH) is a joint responsibility of law enforcement officials. Not only are children like actors, but also children who are like victims and witnesses.

Law enforcement officials who take part in prosecuting ABH so that they do not only refer to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System or other laws and regulations relating to the prosecution of ABH, but prioritize peace rather than the official legal process that has begun. enforced 2 years after the enactment of the SPPA Law or August 1, 2014 (Article 108 of Law No. 11 of 2012).

Law Number. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) has been enacted, after being promulgated 6 years later. This law is based on the concept of restorative justice. Restorative justice is the settlement of criminal problems together with linked parties to find a fair solution by emphasizing restoration to its original condition.

The verdict is an example of a verdict that is oriented to the circumstances and needs of a child. It is implied that a problem, even if it is serious, can be resolved properly without the obligation to put a child in prison.

However, what will be discussed in this paper is that diversion has consequences for social work. If previously it had a small role for children in conflict with the law (ABH), now it has a bigger role.

The implication, early on, is that social workers are required to carry out advocacy to children facing the law (ABH) so that their rights can be fulfilled in accordance with the Law on the Criminal Justice System for Children.

Second, a greater position of social workers must be accompanied by an increase in quality or quality. In terms of quality, social workers are required to have knowledge and expertise related to the issue of children dealing with the law (ABH). Third, there is a need for strengthening social service institutions.

Child social workers facing the law can optimize their role in mentoring, advocacy in intervening child clients facing the law, be it at the level of the Police, the Attorney General's Office, or the legal council, let alone networking with the rehabilitation resource system.

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