85 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang http://journal.unnes.ac.id/sju/index.php/jils Journal of Indonesian Legal Studies Vol 2 Issue 02, 2017 Volume 2 Issue 02 NOVEMBER 2017 JILS 2 (2) 2017, pp. 85-100 ISSN 2548-1584 E-ISSN 2548-1592 Policy of Development for Juvenile Delinquency in the Perspective of Indonesian Criminal Justice System Reform (Study on Institute for Special Development Children LPKA Kutoarjo, Central Java, Indonesia) Y. Dika Tyas Wangi 1 Y. Dika Tyas Wangi Postgraduate Program, Faculty of Law, Universitas Negeri Semarang  sevindikamaulana@gmail.com Article Info Abstract Submitted on May 2017 Approved on August 2017 Published on November 2017 One of the functions of Penitentiary Institution becomes an institution that basically conducts guidance to socialize the convicts back after the court decision. But in the perspective of society that prisons are a place to punish people and form a negative image in society. The succession of the Children's Penitentiary to become LPKA (Lembaga Pembinaan Khusus Anak) based on Law No.11 of 2012 seeks to change the perception of child counseling in the institution that fostered Delinquency children. But erasing the image in the community is not easy in the short term to understand the community about the function of LPKA. Thus raises the issue of Juvenile Delinquency development policy after the court decision that can be done by LPKA. Therefore, it is necessary to have policies that can be felt by the assisted citizens with special forms of protection for the children one of them is by way of mental, spiritual, and social guidance for the children in the Institute for Special Development of Children (LPKA). This paper discusses two important points, namely: first how is the policy of LPKA Kutoarjo in conducting development of juvenile delinquency, and second, what is the policy that should be towards the development of juvenile delinquency in the future. Keywords: Juvenile Delinquency, Children, Penitentiary, Policy Development. 1 I would like to express my great thankfulness to Professor Sudijono Sastroatmodjo, MSi and Dr Ali Masyhar SH MH from Postgraduate Program, Master of Laws, Faculty of Law, Universitas Negeri Semarang who have constantly give me many inputs for my Thesis. mailto:sevindikamaulana@gmail.com 86 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang Y. Dika Tyas Wangi JILS 2 (2) November 2017, 85-100 http://journal.unnes.ac.id/sju/index.php/jils INTRODUCTION THE RISE of crime in this era of globalization is of course troubling the public. The number of crime in the middle of society such as theft, murder, rape, and other crime to make people disturbed in life and daily tranquility. This of course should not be left alone, because people also need comfort, tranquility, and security in carrying out daily activities. Along with the globalization of culture and the advancement of science and technology, shows that human behavior in the life of society and state increasingly shows the waning of virtue both mentally and socially. Such behavior when viewed from the side of the law of course there is behavior that is not in accordance with the norm. Behavior that is not in accordance with the norm of course can cause problems in the field of law. Therefore, law enforcement is done through legal instruments by way of prevention efforts either preventive or repressive which can be called as penal policy. That is by way of legal approach that is to file a trial and then a criminal punishment to a person who commits a crime. On the other hand the influence of global culture, the advancement of science and technology, and the development of the era which resulted in the violation of law and get legal sanction not only involve adult but now also involving children as perpetrator of crime or in legal term referred as juvenile delinquency. Children who commit criminal offenses are generally trapped in a pattern of consumerism that ultimately leads to criminal acts, such as murder, theft, rape and other unlawful acts. Criminal acts committed by children are not only seen by children as pure perpetrators, but in other perspectives these children are also victims of the progress of science and technology, unfavorable environment, and family role factors where children come from. Violations of laws that tend to be done by children, when getting legal sanction from the state will also cause the effect of the society as well as possible from the model of applying the treatment of guidance in the penitentiary institution. This is what makes a dilemma in the implementation of child counseling is problematic with law. Understanding in the psycho- logical and social aspects can actually be understood that the child is not an adult miniature, so that in the treatment of the law both criminal penalty and post-imposition of the law treated as an adult. Basically a child in a violation of the law has a background and motives that are different from the criminal offense of adults. Children have different conditions that are different from adults with mental and physical conditions are unstable then the child requires special treatment and protection, especially on the development of the child itself. Thus, it is necessary to implement the treatment of children after the imposition of crime with the pattern and coaching policy in accordance with the characteristics of the child's own development. 87 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang http://journal.unnes.ac.id/sju/index.php/jils Journal of Indonesian Legal Studies Vol 2 Issue 02, 2017 Discussing of children facing the law, the current protection of children has been given by the government, one of which is by issuing legislation aimed at the best interests of the child, such laws and regulations are Law no. 4 Year 1979 on Child Welfare, Law No. 11 Year 2012 on the Criminal Justice System of Children, and Law No. 23 of 2002 jo Law No. 35 of 2014 on Child Protection. In Article 1 (2) of Law No. 11 of 2012 on the Criminal Justice System of Children affirms that the Child in Conflict with the Law is a child who conflicts with the law, the child who becomes the victim of the crime, and the child becomes the witness of the crime while Article 1 Point 3 states that Children in Conflict with law hereinafter referred to as Children, are children who are 12 (twelve) years old, but not yet 18 (eighteen) years of age suspected of committing a crime. Developing countries of the world including Indonesia have ratified the conventions on the right child that have been ratified in 1990 to become an International Instrument. The reference or guidance of the state and government in handling cases of children who committed criminal acts which contains about child coaching or development, the age limit of children who commit a crime, and the limits of child detention. On the other hand, in practice, the number of children facing the law currently undergoing guidance at the Institute for Special Child Development (LPKA) is currently, based on data that researchers took from the Directorate General of Penitentiary Affairs of the Ministry of Law and Human Rights, the number of children convicted in 2013 is 3335 children, In 2014 amounted to 2658 children, and in the Year 2015 was 2735 children. Based on the data explain the number of criminal children be hereditary that mean necessarily prove that the program of coaching a successful criminal child (Directory of General Penitentiary [Dirjenpas]). Efforts of various parties including the government of the Republic of Indonesia itself has been aware of the problems facing Indonesian children then made efforts to improve laws and regulations related to children who are involved with legal issues. Law relating to child protection stipulated such as on Law No. 11 of 2012 on Child Criminal Justice System. Article 85 is by fostering children in LPKA where children who commit crime are accompanied and nurtured and equipped with skills, so with the law of this litigant, of course we are talking about the implementation in the field which sometimes have not made the device of this law fully can restore the value of the child as the future of the nation's generation. Implementing coaching for juvenile delinquency in Indonesia is found in 20 Institutions Special Child Development (LPKA) spread in various regions of Indonesia Province, among others, one of them is in Lapas Anak in Kutoarjo, Purworejo District, Central Java Province. The Special Child Development Institution numbering 20 based on Law No.11 of 2012 on Child Criminal Justice System and Kemenkumham Decree No.M.HH.06.OT.01.01 / 2014, has been declared in August 2015, namely that the Institute for Special Development of Children (LPKA) is as an institution that foster children litigation or Juvenile 88 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang Y. Dika Tyas Wangi JILS 2 (2) November 2017, 85-100 http://journal.unnes.ac.id/sju/index.php/jils Delinquency. The problems on this paper were concerning to, first how is the policy of LPKA Kutoarjo in conducting development of juvenile delinquency, and second, what is the policy that should be towards the development of juvenile delinquency in the future. POLICY DEVELOPMENT OF JUVENILE DELINQUENCY IN LPKA KUTOARJO, INDONESIA: PERSPECTIVE OF PENAL POLICY POLICY is derived from the policy or politiek (taken from the Dutch) is defined as a series and the principle that becomes an outline in the planning of a job, leadership, and an organization or way of acting, in this case of a policy not stand alone but followed by things related to a job. The policy in handling juvenile delinquency guidance is the penal policy. The definition of penal policy in legal terms can be understood as a policy of reform of criminal law. This understanding can be reflected on the pattern of child development policy in LPKA Kutuarjo. According to Marc Ancel mentions that the penal policy is a science at once, or art that allows a rule of progressive law formulated therein, so as to achieve a certain goal. 2 While Sudarto formulates that the policy is an attempt to realize good with good conditions in accordance with the circumstances and situations at that time, and as crime prevention. Thus formulate how to try to formulate legislation well. Political criminal law or penal policy is an activity that was preceded in the determination of criminal acts and sanctions provided. Thus, the determination and imposition of sanctions is carried out with serious consideration, in the hope that criminal law can serve to protect the interests of the state, perpetrators, and victims. In addition, the penalty of the essence of the policy is part of the protection of the community, as well as the part of the social, political policy that can be interpreted as an update to promote the interests of society. Policy that promotes the welfare of children and restorative was used as a reference and guidance on the implementation to develop children in LPKA Kutoarjo. Policies that are used as guidance in fostering certainly do not ignore the sense of humanity and the best interests of children. Criminal guidance policy within the Child Development Institution may also provide an opportunity for a criminal child to actively build interactions between the victim, the victim's family, and the community in resolving the conflict. So it needs to be emphasized the awareness of the parties to forgive each other and seek the best alternative not only consider punishment not as a form of 2 Barda Nawawi Arief, Kebijakan Penanggulangan Kejahatan: Seminar Kriminologi VI (Semarang: UNDIP, 1991), 4. 89 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang http://journal.unnes.ac.id/sju/index.php/jils Journal of Indonesian Legal Studies Vol 2 Issue 02, 2017 revenge but fostering children is in the best interest of the child. One of the policies applied in developing children in LPKA Kutoarjo as follow. Age Limitation for Children (age already 21 years old) AS WE all know in the regulation of Juvenile Justice System No. 11 Year 2012, About Child Criminal Justice System is that children who are in Institution of Child Development should be maximal age until 18 year. However, in developing juvenile delinquency in LPKA Kutuarjo keeps juvenile delinquency up to 20 years old in LPKA Kutuarjo, the institution has its own policy of why keep maintaining child fostering in LPKA. In LPKA there are 2 children who have 20 years old who have been sentenced to criminal penalty 8 years, with the verdict of premeditated murder in accordance with Article 340 of the Criminal Code a separate consideration for the institution to move this is caused by some factors such as the end of child crime within the LPKA, in removing the child from LPKA to the adult prison, and psychological children, therefore based on these policies the leadership of LPKA still maintain the child to remain able to be nurtured until his criminal time is over. Gender Policy between Boys and Girls THE children who were trained in LPKA Kutuorjo consisted of 75 men and 3 women, but they did not live within the same block but they were nurtured in the same building. This is oriented because there is no institution of women's children in Central Java so as to foster male and female students is done by LPKA children, but in fostering children is not distinguished between protégés and protégés are just the same how to treat it 3 and there is no big problem when fostering boys or girls because we are treated equally undifferentiated. 4 But it should not be in the same building but in a different building to prevent things that are not desirable should women protégés or girls who commit a crime have a separate coaching institution as well as adults who have a special woman 5 , it is certainly anyhow the treatment of male protégés with women protégés certainly have a different portion, very unfortunate if the child of a woman who commits a criminal act does not have a separate Child Development Institution and in coaching is not one with male protégés. 3 NR one of child on LPKA Kutuoarjo, Author interview at LPKA Kutuoarjo on November 26, 2016 4 Bambang TS , Chief of Section on Children Development, Author interview at LPKA Kutuoarjo on October 6, 2016 5 Rony, Chief of Prison LPKA Kutoarjo, Author interview at LPKA Kutuoarjo on November 26, 2016 90 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang Y. Dika Tyas Wangi JILS 2 (2) November 2017, 85-100 http://journal.unnes.ac.id/sju/index.php/jils Escort Detainee (Tahanan Pendamping, Tamping) TAMPING (tahanan pendamping) or companion detention/escort detainee is a policy within LPKA Kutoarjo which is decided jointly by the leadership within LPKA who elect in the kitchen, assisting in the office and assisting the homeless or wardens, and assisting the janitor. In determining tamping then the leader sees the child in the activity and deserves to be given as tamping 6 , and for the child would get a trust and spur for the better. The policy with the presence of escort detainees in LPKA Kutoarjo help handling their friends in LPKA since LPKA will be more manageable when they own theme which reminds or reprimand when the friend make mistake, it is not inconvenient officers tamping abusive trust officers like run from LPKA, therefore in choosing tamping reviewed in various aspects and leadership decisions. 7 Skills and Manpower Development DEVELOPMENT of skills or training of child laborers in LPKA Kutoarjo aims to keep children in LPKA still able to develop their talents and interests both painting, music, karawitan (music from java) and children are also equipped with labor training such as batik, gardening, raising, such as making souvenirs. It is also felt effective by the students in LPKA Kutoarjo because as a repellent of saturation and the child can still channel his talents and interests, in addition to the work of children in LPKA then sold to people who visit into LPKA. Development as well as self-employment training carried out every day Friday to Saturday at 08.00-10.00 or even not infrequently children in LPKA get visits or entertainment from various related agencies to add information to children in LPKA, even when there is competition among institutions of children in LPKA involved in following the competition this is done in order although in the LPKA the child can still develop the talent of interest and skill so that the child can still work independently. Hour Visit Policy at LPKA Kutoarjo THE visit of parents or family is one of the most important support for children who are undergoing guidance in LPKA Kutuorjo, parents or family visits in LPKA Kutoarjo held in every day starting at 11:00 to 15:00, where the visit of family or relatives are able to strengthen the child that the child not alone. In addition to family visits LPKA Kutoarjo party also provides an 6 Bambang TS , Chief of Section on Children Development, Author interview at LPKA Kutuoarjo on December 3, 2016 7 NR one of child on LPKA Kutuoarjo, Author interview at LPKA Kutuoarjo on November 26, 2016 91 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang http://journal.unnes.ac.id/sju/index.php/jils Journal of Indonesian Legal Studies Vol 2 Issue 02, 2017 opportunity for children to communicate with the family via telephone or mobile phone but through the officer or teacher foster care. Thus, the implementation of child development policy in the future will be done by approaching the children through policy with humanistic and familial approach in accordance with the condition and situation of the child in the current prison by prioritizing either the social policy in value or the law policy itself in fostering children in LPKA. With the regulatory reform in conducting guidance on delinquency children, it is hoped that children who are in the form of guidance can realize their mistake and later return in society so that prison is not only as a place of revenge or bad stigma toward children but how the child is nurtured and returned to become an obedient child law and devotion to the state, therefore all parties play an active role so that the crime rate committed by children can be reduced. FUTURE POLICY DEVELOPMENT OF JUVENILE DELINQUENCY: PERSPECTIVE OF CRIMINAL JUSTICE SYSTEM REFORM CRIMINAL justice system reform on juvenile delinquency can be said to be a reform of criminal law. Reform of criminal law according to Barda Nawawi Arief, mentioned as follows: “the meaning and nature of the reform of penal law is closely linked to the background and urgency of the renewal of the criminal law itself.” Legal reform (criminal) in essence implies, an attempt to reorient and reform the penal law in accordance with sociopolitical central values, socio- philosophical, sociocultural Indonesian society based on social policy, criminal policy and law enforcement policy in Indonesia Briefly it can be said that the reform of criminal law in essence must be pursued with a policy- oriented approach as well as a value-oriented approach). 8 Based on this, it can be said that the renewal of guidance for a criminal child is part of the criminal law reform. Criminal law reform is essentially an attempt to review and reorient (reorient and re-evaluate) the socio-political, socio-philosophical, socio-cultural values that underlie and contribute to the normative and substantive content of the intended criminal law. The philosophical value of the Indonesian nation is Pancasila so that the reform of the national legal system should ideally be based on Pancasila. According to Barda Nawawi Arief, if further elaborated, then the national legal system is a national legal system based on three pillars/value of Pancasila balance, namely: 9 8 Barda Nawawi Arief, Bunga Rampai Kebijakan Hukum Pidana Perkembangan Penyusunan Konsep KUHP Baru (Jakarta: Kencana Prenada Media Group, 2008) 25. 9 Barda Nawawi Arief, Pembangunan Sistem Hukum Nasional, Kuliah Umum pada Program Magister Ilmu Hukum, Pascasarjana UBH, Padang, 16 Mei 2009. Retrieved from http://bardanawawi.wordpress.com. 92 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang Y. Dika Tyas Wangi JILS 2 (2) November 2017, 85-100 http://journal.unnes.ac.id/sju/index.php/jils a) oriented to the values of Godhead (religious moral) b) oriented to the values of Humanity (humanistic) c) oriented to the values of society (oriented justice and nationalism) Starting from that then the guidance of the criminal child should be oriented on the value of Godhead, oriented to the value of Humanity, oriented to the value of the Community. The formation of a criminal child should be oriented to the divine value because it is a form of devotion to God Almighty. Children (including a criminal child) should be regarded as a mandate that must be guarded and is the responsibility of parents, family, community and government and country. Renewal of fostering of criminal children in order to realize the best interests for children must also realize restorative justice. John Braithwhite proposes restorative justice as a process whereby all parties to a particular breach together collectively resolve how to deal with the consequences of the offense and the implications of the future pattern of child development 10 in restorative justice is one example of the policy used in System Reform Child Criminal Justice, where restorative justice promotes the welfare of children in LPKA. If talking about reform of child development certainly cannot be separated from Child Criminal Court System where Child Criminal Justice System is a system that work from stage of police until institution Special Child Development have their duty and function. The Criminal Justice System also regulates how the child coaching as stated in Law No.11 of 2012 article 85 is: (1) Children sentenced to imprisonment are placed in LPKA (2) The child shall be entitled to receive training and supervision education and training (3) LPKA is obliged to provide education, coaching skills training and fulfillment of children’s rights in accordance with the laws and regulations. The development of children in LPKA Kutoarjo has been implemented in accordance with the rules that apply in accordance with the Law on Child Criminal System, in which is the guidance of education, skill and fulfillment of children's rights in LPKA Kutoarjo which is done periodically. The development of a criminal child must have a program that must be able to humanize the child, nurture, nurture, guide the criminal child. Therefore, the guidance of children in LPKA is oriented towards the welfare of children because the child welfare approach by prioritizing the child's future approach is also in line with the approach taken. The policy of doing one of the children in the LPKA regulated in the Criminal Justice System is restorative justice where as a modern and more humane model of coaching 10 John Braithwaite, Restorative Justice & Responsive Regulation (New York: Oxford University Press Inc, 2002) 45. 93 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang http://journal.unnes.ac.id/sju/index.php/jils Journal of Indonesian Legal Studies Vol 2 Issue 02, 2017 emphasizes the recovery or compensation of victims rather than the punishment of the perpetrator. 11 Future Policy Development of Juvenile Delinquency THE Kutoarjo Special Child Development Institution (LPKA) is the largest coaching institution in Central Java among the Institute for Child Development in several other cities in Central Java. Kutoarjo Child Development Institution in addition to functioning as a coaching organizational institution in general is also specifically oriented to the character of development. 12 Definition is intended that the child as a target object, also at the same time placing the child as a specific target, which means the results its development children can understand to responsible mistakes that will be expected to be able to return to society in accordance with the norms. The results of data collection on the state of Kutoarjo Child Development Institution quantitatively currently accommodate 78 children, with various cases facing the law. Thus addressing the increasing crime of the child is one of the efforts in reacting that is by way of guidance on children who have received a permanent court ruling and submitted to LPKA Kutoarjo. In accordance with the provisions of Law No.11 of 2012 on the Criminal Justice System of Children in accordance with article 81 children who can be sentenced to criminal are: (1) A child convicted of a crime in LPKA if the circumstances and actions of a child will harm the public. (2) Imprisonment imposed on a child at least ½ of the penalty of an adult. (3) Guidance in LPKA only until the child is 18 years old LPKA Kutoarjo has conducted in accordance with the regulations of children who are built in LPKA Kutoarjo is a child who performs acts, murders, theft, abuse and acts that disturb the community so that there is a need for guidance on the child. 13 Fostering a child who commits a criminal offense requires coaching to encompass a wide range of fields that will later improve morale, mental, spiritual, intellectual, and legal compliance. The purpose of moral, mental, spiritual, intellectual, and legal obedience is the implementation of coaching by various ways of coaching approach which is manifested by various activities both in the aspect of spiritual, social, and skill, so that children have aspect of recovery of competence as stated in system coaching. 11 Stewart Asquith, Children and Young People in Conflict with the Law (London: Jesica Kingsley Publeshers, 1996) 168, on Abiantoro, 147. 12 UNICEFand Criminology Studies Center, Faculty of Social and Political Science, Universitas Indonesia, 2006-2007, 225 13 Interview with Gayatri, Chief of Children Development, Author interview on LPKA Kutoarjo September 7, 2016. 94 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang Y. Dika Tyas Wangi JILS 2 (2) November 2017, 85-100 http://journal.unnes.ac.id/sju/index.php/jils Carrying out children development, legislation required as a basic guideline for implementation, or guidelines for officers, so that the purpose of coaching can run well. This is in accordance with article 2, Law no. 12 of 1995 Concerning the Constitutional System Jo Law no. 11 of 2012 Article 85 which essentially explains about the principles of development 14 as well as the right of the child to get coaching and mentoring services during the period of coaching in LPKA. The principles of guidance referred to in the law are as the basis for the implementation of the form of guidance to the students in LPKA. Form of development based on principles in accordance with the law of correctional means is as follows. Development based on the Assistance Principle (pengayoman) Understanding the principle of intended pengayoman that is the treatment of the assisted citizens, and correctional in order to protect the child when in LPKA. Thus this principle is implemented for the benefit of protecting the public in general, including also pengayoman to children who commit criminal acts fostered in LPKA. Therefore, they must be protected so that the child assisted to get a sense of security. Basically so far according to some sources of information developed in the community have the assumption or stigma about LPKA as a revenge places. 15 Assuming that will harm the targeted children so that children who are in LPKA will be affected the assumption. To that end, the targeted children should get the same guidance as they are in their own family. The background of children in LPKA must come from different social statuses and with various backgrounds, not even the children from the street, or the various pressures that cause the child to commit a crime. With such conditions it is necessary to apply the principle of pengayoman and familial approach so it is expected that the child will realize the mistake done and not repeat the same mistake. Development Based on the Principle of Treatment Equation, and Service (persamaan perlakuan dan pelayanan) Understanding the principle of equality of treatment and service means that prisoners shall receive equal treatment and service and without distinction or discrimination. 16 Understanding the treatment and service without discriminating the practice of the existing guidance services in the LPKA can treat the targeted citizens with the provisions that have been outlined about the principle of treatment, and perform the duty of serving the 14 Nasriana, Perlindungan Hukum Pidana Anak di Indonesia (Jakarta: PT Raja Grafindo Persada, 2007) 153 15 Gatot Supramono, Hukum Acara Pengadilan Anak (Bandung: PT Refika Aditama, 2012) 117 16 Nasriana, op.cit, 157 95 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang http://journal.unnes.ac.id/sju/index.php/jils Journal of Indonesian Legal Studies Vol 2 Issue 02, 2017 citizens built with no view of social status, and acts punishment that has been done by students in LPKA. The status of these guarded children is from various social backgrounds, even from the streets, but this does not become an obstacle for officers to coach children in LPKA. Implement the principle of equality of treatment and service is proven when the child made a mistake, then the child gets the same sanction. In other cases such as the health services of the assisted children when the child is ill, the LPKA immediately provide health services in such a way as to immediately bring a Doctor or at least bring in medical personnel in accordance with the level of illness of the citizens that is needed Doctors or enough medical personnel. This is contained in Law No.11 of 2012 on Child Criminal Justice System article 84: (2) The child is entitled to receive services, maintenance, education, assistance and other rights contained in the applicable laws and regulations. Thus the principle of treatment and service that is included in the provisions of the principles of guidance of children in LPKA has been fulfilled both from a formal juridical point of view and from the sociological aspect. The formal juridical aspect is intended that the coaching implementer has fulfilled the provisions of the law on child coaching in LPKA, while the sociological aspect namely the implementation of guidance using the considerations of social aspects and without eliminating the humanitarian aspect or without distinguishing the background of the social status of the assisted people, and background aspects of the cases held by the assisted citizens. Thus the understanding of the principle of treatment and service has been fulfilled in the development of children in LPKA Kutoarjo. Development Based on Education Principle The principle of education is intended to enable prisoners to obtain services in the field of education. Implementation of child coaching in LPKA Kutoarjo has done the principle of guidance in terms of obtaining han education. Children who are undergoing criminal, of course children in the age of education which means the child should still be a school. Because the child violates the law and has decided to undergo punishment in LPKA then the child will experience the compulsory education or school. Compulsory education is proclaimed by the government is the most important part for children to get educational services even though in the status of being serving a penalty in LPKA. This is in accordance with the Child Criminal Justice System Law Article 85 point 3 of which LKKA shall provide education, training and other rights fulfillment in accordance with prevailing laws and regulations 96 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang Y. Dika Tyas Wangi JILS 2 (2) November 2017, 85-100 http://journal.unnes.ac.id/sju/index.php/jils Thus the status of children in terms of learning children are entitled to get education. LPKA as a coaching institution of children who are dealing with the law and status under coaching (dalam pembinaan) in LPKA Kutoarjo still get education service. Education services in LPKA Kutoarjo held every Monday to Thursday at 08.00- until 11:00 o'clock. Implementation of educational services in LPKA Kutoarjo has been working with the Education Office of Purworejo District to carry out education by organizing learning and teaching activities. Form of teaching and learning activities that are implemented in the LPKA is by modeling the process of teaching and learning with the package chase system. The chase system of this package is implemented by the field of off-school education which is usually called SKB or Learning Activity Sources. Learning and teaching activities organized by LPKA Kutoarjo technically invite tutors from SKB or tutors appointed by the Education Office of Purworejo District to carry out teaching and learning process at LPKA. Teaching and learning activities undertaken by LPKA aims to implement the principles of education that have been set in the legislation on the principles of child development in LPKA. This aimed as a purpose of carrying out teaching and learning activities, aiming for children still have the opportunity to get education services with reference to the basics ideology and educational philosophy based on the state ideology of education based on the ideology of Pancasila. Implementation of training system chase system held in LPKA Kutoarjo is expected to fulfill formal education service principle so that when completed the training in LPKA will get formal education status. However, for LPKA this program is not enough for children with legal problems, additional education is needed in the form of strengthening various educational services oriented to spiritual and social spiritual reinforcement. The form of mental, social and spiritual education services are children getting spiritual education, and the opportunity to perform their worship according to their respective religions, by instilling a spirit of familial tolerance among students, with officers or coaches in LPKA, so that they can communicate well. The Spiritual education providers by giving the opportunity to perform their worship are directed in accordance with the religious principles of each child, so that they will have the knowledge and piety of God Almighty with good, strong mentality, and can tolerate both spiritually and socially to others Development Based on Counseling Principles Principle of guidance is the principle that prioritizes guidance material programmed on the development of talents of interest of LPKA targeted children. Coaching talents of interest is aimed at children who have an uninterrupted or unfocused talent of skills so that the skills talent does not develop. LPKA Kutoarjo as an institution that runs the guidance principle embodied in the guidance of children's skill training that has been arranged in 97 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang http://journal.unnes.ac.id/sju/index.php/jils Journal of Indonesian Legal Studies Vol 2 Issue 02, 2017 accordance with the schedule set by LPKA. Coaching skills to channel the talents and interests among others are training in the arts and culture of Javanese Karawitan, playing music, painting, and batik. Other training is farming training by improving gardening system breeding chicken, and cultivate in various types of suitable planting provided by LPKA by inviting trainers from PPL agriculture in the Department of Agriculture and farming Purworejo district. This is done in addition to so that children are not saturated in LPKA, is also very useful for the development of skills children later after returned to the community after undergoing coaching in LPKA. The results of these trainings for the production of handicrafts and agriculture when it has obtained a decent result on sale will be sold to the public. This is meant for children will grow the child's business life when later become part of the community. This expectation for the next purpose of the guidance principle run by LPKA will improve survival skills with armed skill, so when looking for work or even create a job do not feel difficult. Children Development Based on the Guaranteed Right Principle To Stay Connected With Family and Certain People As long as the children are criminals in LPKA Kutoarjo, they are guaranteed the right to remain in contact with certain families or individuals. In principle, to coach the child, should not be alienated at all with his family. They are allowed to meet with their family during the visit time set in LPKA Kutoarjo, family visits are expected to encourage them to live and they feel they are not abandoned by their family, besides that children are also allowed to communicate via hand phone to their family, and coaches within the LPKA. The forms of development based on the principles set forth in the penal code of article 2, constitute the framework of the form of guidance which will be implemented in various forms of activities have been applied in fostering the students in LPKA Kutoarjo. Starting from that case, the development of a criminal child committed by LPKA Kutoarjo oriented on the value of Godhead, Humanity, and Society. Consideration of criminal children should be oriented to the value of the divine because it is devotion to God Almighty. Children (including juvenile delinquency) should be regarded as a mandate should be on guard and is the responsibility of parents, family, community and government and state. Consideration of criminal children should be oriented to the value of humanity must be in accordance with the protection of criminal children Thus the development done by LPKA Kutoarjo has been done in accordance with the prevailing laws and regulations. Besides that, the child is also accompanied by his/her imagination and is given skills training in the hope that LPKA is no longer as a place to take revenge or attempt to deprivation of children’s rights but the child is guided and accompanied so the child realizes his mistake. 98 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang Y. Dika Tyas Wangi JILS 2 (2) November 2017, 85-100 http://journal.unnes.ac.id/sju/index.php/jils CONCLUSION FROM the results of the study and discussion can be concluded that the development of juvenile delinquency in the LPKA in Kutuarjo has conducted guidance on children in accordance with the prevailing law that is No 12 Year 2012 About Child Criminal System namely by coaching children either spiritually, or developing talents and interests of children in LPKA and fulfilling the rights of the child while in the LPKA with a familial approach and improving the welfare of the child. The form of policy in conducting coaching in the future is the implementation of child development policy in the future will be done with the approach to the child through a humanist and familial policy in accordance with the conditions and situations of children in prisons at this time by give priority either the social policy by value or policy of law itself in fostering children in LPKA Kutuarjo, with the existence of regulation in development of juvenile delinquency expected child that who are in a period of coaching can realize its mistake and later back in society so prison not only as a place of revenge or bad stigma to child but how the child is nurtured and returned to be a law-abiding child of the law and devotion to the state. BIBILIOGRAPHY Arief, Barda Nawawi. Kebijakan Penanggulangan Kejahatan: Seminar Kriminologi VI. Semarang: UNDIP, 1991. Arief, Barda Nawawi. Bunga Rampai Kebijakan Hukum Pidana Perkembangan Penyusunan Konsep KUHP Baru. Jakarta: Kencana Prenada Media Group, 2008. Arief, Barda Nawawi. Pembangunan Sistem Hukum Nasional, General Lecture on Master of Laws Program, Postgraduate Program UBH, Padang, 16 May 2009. Retrieved from http://bardanawawi.wordpress.com. Asquith, Stewart. Children and Young People in Conflict with the Law. London: Jesica Kingsley Publeshers, 1996. Braithwaite, John. Restorative Justice & Responsive Regulation. New York: Oxford University Press Inc, 2002. Nasriana. Perlindungan Hukum Pidana Anak di Indonesia. Jakarta: PT Raja Grafindo Persada, 2007. Supramono, Gatot. Hukum Acara Pengadilan Anak.Bandung: PT Refika Aditama, 2012. UNICEFand Criminology Studies Center, Faculty of Social and Political Science, Universitas Indonesia, 2006-2007, 225 http://bardanawawi.wordpress.com/ 99 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang http://journal.unnes.ac.id/sju/index.php/jils Journal of Indonesian Legal Studies Vol 2 Issue 02, 2017 Laws and Regulations Undang –undang No.3 Tahun 1997 Tentang Pengadilan Anak Undang-undang No.11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Undang-Umdang No.12 Tahun 1995 Tentang Sistem Permasyarakatan 100 Copyright © 2017 by Postgraduate Program Faculty of Law, Universitas Negeri Semarang Y. Dika Tyas Wangi JILS 2 (2) November 2017, 85-100 http://journal.unnes.ac.id/sju/index.php/jils Law Adagium CUJUS EST COMMODUM, EJUS DEBET ESSE INC OMMODUM The person who has the advantage should also have disadvantage