ANALISIS YURIDIS TERHADAP PUBLIKASI IDENTITAS ANAK BERHADAPAN DENGAN HUKUM PADA SITUS DIREKTORI PUTUSAN MAHKAMAH AGUNG

Abstract

Children who are in conflict with the law, even though they are suspected
of having committed a criminal act, still have the right to protection by the state,
especially regarding their identity. The Supreme Court Decision Directory as a
site that contains information about Supreme Court decisions, including a
summary of decisions, legal considerations, and links to complete decisions
should pay attention to the importance of not publishing the identity of children in
conflict with the law when uploading copies of decisions. Publication of the
identity of children in conflict with the law can have a very bad impact on
children, such as stigmatization and discrimination which can affect their future.
The type of research used in this research is normative juridical legal
research or can also be called doctrinal legal research. Normative juridical legal
research is library legal research. The research uses qualitative analysis which
produces descriptive data.
From the results of this research, there are several main things that can be
concluded. First, the Law on the Juvenile Justice System stipulates that the
identity of children in conflict with the law must be kept confidential, both in print
and electronic media, but in reality there are still many decisions that do not
obscure the child's identity before being uploaded to the Supreme Court Decision
Directory website. such as decision Number 18/Pid.Sus-Anak/2021/Pn Srg which
explicitly shows the identity of the child as the perpetrator, the name of the
parents, and the place of residence where the decision can be accessed by the
public. Second, the Supreme Court Directory's information officer's mistake in
publishing a copy of the child's decision may result in administrative sanctions,
but in enforcing these sanctions it does not provide a deterrent effect so that
criminal regulations as an ultimum remedium or as a final resort in law
enforcement are expected to provide a deterrent effect for Directory officers. The
Supreme Court is responsible for the case.
Keywords: Publications, Child Identity, Supreme Court Directory.