CULTURE OF VIOLENCE AMONG CHILDREN
IN A CRIMINOLOGICAL PERSPECTIVE[1]
Hadibah Zachra Wadjo
Pintroduction
The issue of juvenile delinquency is not a new topic; it has existed for centuries. Different versions of juvenile delinquency vary from era to era due to the influence of the cultural environment and the differing societal attitudes of the time. Behavior that is good today might have been considered delinquent in earlier societies, and vice versa.
For Indonesia, the rapid development carried out in the era of globalization has certainly brought many changes concerning various aspects of life, such as economics, social, cultural, political, legal, and others. During this development period, many socio-cultural changes have occurred, which are not merely physical changes, but also have a significant impact on human attitudes in society. This is understandable because in almost all countries experiencing development in the era of globalization, they are faced with positive and negative excesses as a result of that development itself. Among other things, directly or indirectly, society will experience many changes in lifestyle.
One of the negative consequences of the globalization era is the problem of juvenile delinquency, which is currently a problem in various countries around the world. In developing countries, including Indonesia, the problem of juvenile delinquency is particularly complex. This is primarily because children and adolescents in developing countries are not yet ready to accept such rapid change. On the one hand, their deeply ingrained cultural environment has shaped certain contradictory attitudes toward these changes. However, on the other hand, the mental state of children and adolescents, who are still in a state of transition, exhibits unstable behavior and is easily influenced by anything that comes their way, often leading to conflict between them and their environment. This affects their behavior and creates problems for both their environment and themselves.[2]
Based on the above explanation, we have a clear picture: the problem of juvenile delinquency is not only a national legal issue in a particular country, but has become a global legal issue for all countries worldwide. Tragically, many incidents of juvenile delinquency that violate the law and occur within the community receive little serious attention, either from law enforcement officials or the community itself.
Concrete facts show that, in recent months, the level of juvenile delinquency in our country has shown an upward trend, and has reached a very serious level. School brawls, inter-village youth brawls, drunkenness, drug abuse, reckless driving, and even out-of-wedlock pregnancies are no longer uncommon occurrences. Therefore, parents and all parties must be careful and vigilant in educating and guiding their children.
Essentially, juvenile delinquency in society isn't solely caused by the child's stubbornness. There are other factors, such as parents who misguide or are too strict, overly indulgent, environmental influences, and other factors. To combat juvenile delinquency, we must not only focus on the teenagers themselves; parents must also be given understanding and guidance to provide the correct and appropriate education within the family. We must also closely monitor our teenagers to prevent their moral deterioration.
The rise in violent juvenile delinquency in Indonesia undoubtedly damages the mental health of adolescents, especially as violence has become a cultural norm. Violence seems to be a practical solution to conflict resolution. Social jealousy within society contributes to these reprehensible acts.
In relation to this writing, the problem is what factors cause the culture of violence among children to become widespread and what constructive steps can be taken to overcome it.
Discussion
1. Understanding Juvenile Delinquency and Violent Crimes.
Concepts of adolescence vary across countries, including Indonesia. This concept stems not from law, but from other social sciences, such as anthropology, sociology, and paediatrics. It's not surprising that the term "adolescent" is not recognized in many laws around the world. In Indonesia, the term is not recognized in some applicable laws. Indonesian law only recognizes children and adults, although the definitions for these vary.
Based on the above, the age limits for adolescents used in Indonesian positive law and other legislation include:
a. Article 330 of the Civil Code states that minors are those who have not reached the age of 21 years and have not previously married.
b. Law Number 1 of 1974 concerning Marriage, namely that the prospective bride and groom according to the Marriage Law must have reached the age of 19 years for men and 16 years for women.
c. Article 1 point 1 of Law Number 3 of 1997 concerning Juvenile Courts states that a child is a person who in cases of juvenile delinquency has reached the age of 8 (eight) years but has not reached the age of 18 (eighteen) years and has never been married.
d. Article 1 point 1 of Law Number 23 of 2002 concerning Child Protection, namely a child is a person who is not yet 18 (eighteen) years old, including children who are still in the womb.[3]
When we talk about juvenile delinquency, of course we must first know what is meant by juvenile delinquency, as stated by Romli Atmasasmita.[4], that any act or behavior of a person under the age of 18 and not yet married which constitutes a violation of applicable legal norms and can endanger the personal development of the child concerned. Meanwhile, according to Article 1 point 2 of Law No. 3 of 1997 concerning Juvenile Courts, what is meant by a naughty child is:
a. Children who commit crimes, or
b. Children who commit acts that are declared prohibited for children, either according to statutory regulations or according to other legal regulations that exist and apply in the relevant society.
Crime and delinquency among children and adolescents cannot be separated from the socio-cultural context of their time. Each period has its own unique characteristics and presents specific challenges to its younger generation. In this regard, it is clear that group delinquency among children and adolescents is the origin of gangs.
In this regard, according to the opinion of Wagiati Soetedjo[5], that Juvenile Delinquency is an act or deed of violation of norms, both legal norms and social norms committed by young children. Furthermore, according to his opinion about juvenile delinquency, that this tends to be called juvenile delinquency rather than juvenile crime, because it feels too extreme for a child who commits a crime to be said or labeled as a criminal, while the incident is a natural process that not every human being has to experience the turmoil of approaching adulthood.
In relation to this, it can be seen from Romli Atmasasmita's opinion that: first, the stamp or label attracts the attention of the observer and causes the observer to always pay attention to it and then the stamp or label is given to him by the observer, second; the label or label has been adopted by someone and influences him so that he recognizes it himself as the stamp or label was given by the observer.[6] Either of these two processes can exacerbate deviant behavior (crime) and shape a person's criminal career. A person who has acquired a label or label will naturally attract the attention of those around him. Furthermore, the vigilance or attention of those around him will influence the person in question, making a second or subsequent crime more likely. The Indonesian Criminal Code (KUHP) clearly states that a criminal offense (crime) must contain the following elements:
a. the existence of human actions;
b. the act must be in accordance with legal provisions;
c. there is an error;
d. The person who acts must be accountable.
These limitations do not necessarily equate to the age limit for criminalizing children. Moreover, the Criminal Code emphasizes that a person can be held accountable for their actions, provided they have self-awareness. They must know that the act is prohibited by applicable law. While the term "child" here describes a certain age, where they are not yet categorized as adults, whose characteristics include having a normal way of thinking due to a perfect spiritual life, a stable personality that displays a sense of responsibility so that they can be accountable for all their chosen actions because they are in an adult position. However, children in this case have an unstable psyche, the process of stability psychic ongoing results in attitudes critical, aggressive and shows recklessness which tends to act to disrupt public order.
His actions are manifestation from adolescent puberty without any intention of harming others as is implied in a criminal act (KUHP), namely being aware of the consequences of his actions and the perpetrator being able to take responsibility.
Talking about the problem of violence is not an easy thing, because violence is basically an act aggressive, which can be done by anyone, for example, hitting, stabbing, kicking, slapping, punching, biting, are all forms of violence. Furthermore, sometimes violence is a normal action, but the same action in a different situation would be considered deviant.[7]
As Romli Atmasasmita said[8]Violence can result in physical or psychological harm and is considered unlawful. Therefore, it is a crime. With this perspective, the term "violence" becomes clearer; violence can be considered a crime if it violates the law.
2. Factors Causing the Emergence of a Culture of Violence Among Children.
Violence among children is prevalent, both in large and small cities. These acts are often motivated by self-inflicted violence or by encouragement from others. Violence is often rooted in economic and social conditions. Some criminal acts are covert and some are overt. Crime remains closely linked to poverty, as poverty encompasses not only material wealth but also education, self-esteem, and many other aspects.
Form of behavior delinquent, This behavior is closely related to the impact of the rampant culture of violence among children that has occurred recently, as follows;[9]
- Speeding on the road disrupts traffic safety and endangers your own life and the lives of others.
- Reckless, delinquent, and unruly behavior that disrupts the peace of the surrounding environment. This behavior stems from excess energy and drive. primitive which is uncontrolled and likes to terrorize the environment.
- Fights between gangs, groups, schools, and tribes (brawls), resulting in loss of life.
- Skipping school and then wandering along the streets, or hiding in remote places while carrying out evil experiments and immoral acts.
- Acts of threatening, intimidating, blackmailing, stealing, stealing, pickpocketing, robbery, mugging, etc.
There are 2 (two) forms of motivation for a person or certain group to move to do an action because they want to achieve the desired goal or get satisfaction from their actions, namely motivation intrinsick and extrinsic.
a. Motivation Intrinsic Child Delinquency
(1) Factors Intelligence
Is a person's intelligence, is a person's ability to weigh and make decisions. Children delinquent These children generally have lower verbal intelligence and lag behind in achieving academic results. scholastic (low school achievement) with low intelligence and less sharp social insight, they are easily dragged into bad invitations to become delinquent wicked.
(2) Age Factor
Age is the most important cause of crime, if we follow this opinion consequent, then it can also be said that a person's age is an important factor in the causes of delinquency.
(3) Gender Factor
Juvenile delinquency can be committed by both boys and girls, although in practice, boys far outnumber girls at certain ages. Gender differences also lead to differences, not only in the quality of the delinquency. We often see or read in the mass media, both print and electronic, that crimes are often committed by boys, such as theft, assault, robbery, rape, and so on.
(4) Factors of the Child's Position in the Family
A child's position in the family is determined by their birth order, such as first, second, and so on. This is understandable, as most only children are pampered by their parents, who provide them with excessive supervision, excessive fulfillment, and grant all their requests. This parental treatment of their children makes it difficult for them to socialize with others, often leading to emotional conflict if their wishes are not met by other members of society. This ultimately leads to frustration and a tendency to commit crimes.
b. Motivation Extrinsic Child Delinquency
(1) Family Factors
The family is the closest social environment for raising and maturing children, and it is where children receive their first education. The family is the smallest community group, yet it is the most powerful environment for raising children, especially for children who have not yet attended school. The family can be a source of stress. delinquency can be an abnormal family (broken home and unfavorable family conditions, especially parental divorce or separation, affect the child's development. One of the accusations regarding the high rate of juvenile crime, or more precisely juvenile delinquency, is the dysfunctional family or dysfunctional csocial control Society. Families are considered to have failed to educate adolescents, leading them to engage in deviant behavior that results in social sanctions from society.
(2) Education and School Factors
Schools serve as a medium or intermediary for the development of children's souls. They are also responsible for their education, both academic and character building. In this context, schools serve as a second educational setting for children, after their family environment. During their education at school, interactions occur between children and their peers, as well as between children and teachers. These interactions at school often have negative side effects on children's mental development, resulting in children becoming... delinquent.
(3) Child's Social Factors
It must be recognized how significant the influence of a child's social environment is, particularly due to their cultural context. In increasingly loose social situations, children then distance themselves from their families to assert their own existence, which is perceived as marginalized and threatened. They then enter a new family unit with an already established subculture. delinquent In this regard, Sutherland[10] develop theory Association Differential which states that children become delinquent due to their participation in a social environment where ideas and techniques delinquent certain are used as a means of efficient to overcome the difficulties of his life. Therefore, the more widely a child socializes, the more intensive the relationship with the Naughty Child, the longer the process will take Differential Association and the greater the possibility that the child will actually become naughty and criminal.
(4) The Influence of Mass Media
The influence of mass media is no less significant on children's development; the desire or will instilled in children to do evil sometimes arises from the influence of reading material, pictures, and films. For children who fill their free time with bad reading material, this will be dangerous and can prevent them from doing good.
Simply put, it can be said that deviant behavior among adolescents occurs due to a conflict between prevailing societal norms and the methods and goals pursued by individuals. Therefore, Merton[11] divides this condition into five categories, namely:
- 'Compliance' or an individual who is fully integrated into society whose goals and means are 'right in society;
b. 'Innovation' or individuals whose goals are right, but the methods they use are not in accordance with what is desired in society.
c. 'Ritualism' or individuals who are wrong in their aims but the methods they use are justifiable.
d. 'Retreatism' or individuals who are wrong in purpose and wrong in the means used.
e. 'Rebellion' or an individual who eliminates accepted goals and means by creating a new system that accepts new goals and means.
Deviant behavior carried out by teenagers in the form of criminal acts may make us think again about it. integration in society. Instead of being the main culprit, as alleged in the mass media, juvenile delinquency in the form of criminal acts actually has a big influence in society, even though their influence is undesirable (unintended). The existence of crime among teenagers also encourages us to ask the causes of these actions.
Juvenile delinquency may be closely related to growth hormone fluctuating so that it causes adolescent behavior to be difficult to predict, but this is not an answer that can be justification on adolescent behavior. It seems the notion that hormones have a significant influence is somewhat exaggerated, as there are other factors contributing to the high crime rate among adolescents, and these crimes are very disturbing to society at large.
Another factor that must be considered is the teenager's peer group. Peers play a significant role in the increasing crime rate among teenagers, as Sutherland stated.[12], that criminal acts are not something natural but learned, this is what makes it important to observe the teenager's playmates. If juvenile or child delinquency in the form of motorcycle gangs or brawls is linked to the theory of social control or againstl theory, then it will refer to the discussion delinquency and crime associated with sociological variables, including family structure, education and dominant groups.
Thus, the approach of this social control theory differs from other control theories. The emergence of this social control theory was due to three types of developments in criminology. Namely; first, there was a reaction to the orientation of labelling and conflict and return to the investigation of criminal behavior. Second, the emergence of studies on Criminal Justice as a new science that has made criminology more pragmatic and system-oriented. Third, social control theory has been linked to a new research technique, especially for the behavior of children or adolescents, namely, self-report survey.
This is in accordance with the opinion of Reiss which states that there are three components of social control in explaining juvenile delinquency, including a lack of control internal which is normal during childhood, the loss of such control, the absence of social norms or the conflict in question (at school, parents, or the immediate environment).
3. Efforts to Combat Juvenile and Child Delinquency
Now that we know the root of the problem, the most important thing is finding the right solution. This involves all levels of society, including parents, teachers, schools, and the government.
The role of religious leaders is required to always help raise public awareness and fight against injustice that occurs in society. digeneralfill Religious leaders must also strive to criticize all existing phenomena and participate in community representation to resolve these issues.
Based on the various problems that occur among today's teenagers, there are certainly several solutions that can be implemented to overcome or at least minimize the problem of juvenile delinquency that has become widespread recently, including by:
1. Create a good environment.
As mentioned above, the environment is the most important factor that influences human behavior, so to create a good generation we must create a good environment by gathering and associating more with pious people, choosing friends who are close to the Creator and there are many other ways that we can do, if we are able to do this, then the opportunity for teenagers or children to do negative things will be slightly reduced.
2. Development in the Family.
As mentioned above, families also play a role in shaping a child's personality. Therefore, to begin improving, we must begin with ourselves and our families. Family is a child's first school. Begin improving from the smallest aspects, such as always telling the truth, even in jest. Avoid lying, recite prayers for every small act, provide sound religious guidance to the family, and there are many other things we can do. Building a good family is certainly not easy, but we can do it slowly and patiently.
3. Through School Containers.
Schools are formal educational institutions that have a strong influence on adolescent development. There are many things we can do in schools to start improving adolescents, including conducting youth mentoring programs through religious activities such as Rohis, Sispala, school security patrols, and so on. If we optimize these organizational components, the possibility of juvenile delinquency will be reduced and resolved.
Meanwhile, according to Soerjono Soekanto[13], in relation to efforts preventive earlier, all social changes that occur in society must be controlled by always maintaining a stable social system (equilibrium) and continuous (continuity), through two kinds of social mechanisms in the form of socialization and social supervision (social control), namely:
a. Socialization, meaning a process where individuals begin to accept and adapt to the customs (norms) of a group within a social system, so that gradually the person concerned will become part of the group in question.
b. Social control is a process that is used or not used to encourage, educate, or even force citizens to comply with norms and values. This definition is further clarified as a form of societal control or oversight of the behavior of its members.
Police are currently working to combat crimes committed by motorcycle gangs, many of which are comprised of teenagers. These efforts include the following:[14] :
1. Efforts Preventive
a. carry out operations on motorized vehicles every night of the week in areas considered prone to motorbike gang crime.
b. Conduct patrols every night.
c. Provide counseling to high school students by sending representatives from the police.
2. Efforts Repressive
By taking action against members of motorcycle gangs, student brawls who commit crimes, whether crimes in the form of crimes or minor violations.
Through the above efforts, the police appeal to all levels of society to assist the police in their efforts to eradicate crimes committed by children and teenagers in motorcycle gangs, brawls between students by reporting immediately if they see criminal acts committed by these motorcycle gangs and being ready to be questioned by the police if necessary.
C. Closing Event
Juvenile delinquency has become an epidemic in society, permeating nearly every aspect of life. Addressing it requires the involvement of all elements of society, including the government, schools, and parents, as the lowest and first line of defense in the guidance process for children and adolescents.
As for inside perspective criminology, juvenile delinquency is essentially a form of deviant behavior (deviant behavior as a form actualization children and adolescents in their social interactions, so that efforts to handle it must also be more comprehensive and integrated. In the context of violent crime, this deviant behavior is defined by the societal norms that apply within a value system adopted by a particular culture within the community.
READING LIST
Soerjono Soekanto, Principles of Legal Sociology, PT, Raja Grafindo Persada, Jakarta, 2000.
Topo Santoso, Eva Achjani Zulfa, Criminology, PT. Raja Grafindo Persada, Jakarta, 2007.
Yesmil Anwar Adang, Criminology, Refika Aditama, Bandung, 2010.
Muhammad Mustofa, Prevention of Violence Problems Among Teenagers, delivered at a One-Day Seminar on Drugs, Sex, and Violence Among Teenagers, UI, Depok, July 18, 1996.
Romli Atmasasmita, Theory and Selected Chapters of Criminology, Refika Aditama, Bandung, 1992.
Romli Atmasasmita, Problems of Juvenile Delinquency, Armico, Bandung, 1983.
Wagiati Soetedjo, Juvenile Criminal Law, Refika Aditama, Bandung, 2008.
Lilik Mulyadi, Selected Chapters on Criminal Law, Criminology and Victimology, Jakarta, Djambatan, 2007
Made Darma Weda, Criminology, Jakarta, Raja Grafindo Persada, 1996.
Simandjuntak and IL Pasaribu, Criminology and Social Pathology, Bandung, Tarsinto, 1984.
Ida Andariah, A Glance at Criminology, Bandung, Armico, 1983.
JE Sahetapy, Cause of Crime, Center for Criminology Studies, Faculty of Law, Airlangga University, 1974.
Constitution :
Law Number 3 of 1997 concerning Juvenile Courts
Law Number 23 of 2002 concerning Child Protection
Criminal Code (KUHP)
[1] This article was published in a book COMPILATION OF THOUGHTS ON THE DYNAMICS OF LAW IN SOCIETY (Commemorating the 50th Anniversary of Universitas Pattimura in 2013), 2013
[2]Sofyan S. Willis,Problem ryouth and pthe solution, Angkasa, Bandung, 1981, p. 3
[3] Yesmil Anwar Adang, Criminology, Refika Aditama, Bandung, 2010, p. 382
[4] Romli Atmasasmita, Problems of Juvenile Delinquency, Armico, Bandung, 1983, p. 40
[5] Wagiati Soetedjo, Juvenile Criminal Law, Refika Aditama, Bandung, 2008, p. 11
[6] Romli Atmasasmita, p. 50.
[7]Muhammad Mustofa, Prevention of Violence Problems Among Teenagers, delivered at a One-Day Seminar on Drugs, Sex, and Violence Among Teenagers, UI, Depok, July 18, 1996.
[8]Romli Atmasasmita, Theory and Selected Chapters of Criminology, Eresco, Bandung, 1992, p. 55
[9]Yesmil Anwar Adang, Op.Cit. Pg. 394
[10]Topo Santoso, Eva Achjani Zulfa, Criminology, PT. Raja Grafindo Persada, Jakarta, 2007, p. 44.
[11]Ibid, p. 45
[12]Sahetapy, Cause of Crime, Center for Criminology Studies, Faculty of Law, Airlangga University, 1979, p. 20.
[13] Soerjono Soekanto, Principles of Legal Sociology, PT, Raja Grafindo Persada, Jakarta, 2000, p. 14
[14] Yesmil Anwar Adang, Op.Cit, p. 340
