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Legal policy in the handling of ABH in Indonesia has provided fresh air for ABH status
especially of children as perpetrators of crime. However, based on research results show that
attempts to tackle the ABH on a practical level the child has not been able to answer the
problem itself. That is, the implementation of ABH treatment not in accordance with the
child's perspective. First, the cause of children committing crimes because of 2 things namely
poverty and the culture of consumerism. Second, the state through law enforcement agencies
to strengthen the ideology that the perpetrators deserve to be punished, including children.
Third, the notion that prisons can make a deterrent ABH. Fourth, there is still the dominant
role of the state in resolving cases of ABH. The role of social institutions are still at the level
of the process of 'knowing' rather than efforts to 'engage'.

Keywords: State hegemony, ABH Handling Strategy

A. .


The issue of children growing public concern with the intermediary of media presents
various cases of deprivation of rights of children, which was a case of violence against
children, cases of extreme malnutrition, until the child trafficking problem. One case is
enough public attention was the arrest of 10 cases of children who were playing a coin turn
up at the airport by police because they are doing is considered gambling in 2009. They all
are men who are studying in elementary school and junior high school. These children are
caught by the police, the legal process and finally stand trial to be accompanied by Komisi
Perlidungan Anak Indonesia (KPAI). They tried to make gambling lawsuit. When present at
the hearing, the children that the average age of 12-16 years was also accompanied by her
parents and counsel children. Children with this condition is often referred to as children who
deal with the law or common termed as ABH.

ABH became a phenomenon increasingly implicated today. Based on data from the
Directorate General of Corrections, the Department of Justice and Human Rights of prisoners'
children (students correctional) until March 2008, children who become prisoners and
detainees amounted to 5630. While the end of 2009 the number increased to 5760
(http://www.menegpp.go.id). The national condition also found in various other areas in
Indonesia no exception in the region of Central Java. Data in 2008 showed that children who
were detained in prison who are found in Central Java province as much as 14.166 children
consisting of 14.116 boys and 50 girls. Central Java occupy the largest amount in the case of
ABH. In addition, more than half of these children are boys.

In the Law No. 23 of 2002 on the protection of children mentioned that one child who
received special protection of children one of whom is dealing with the law. These children
are uprooted from their world because most of them have languished in jail or prison because
of legal issues that convolute them. Inside the prison itself was a child not be separated from
various problems. Starting from violence, stigma bad boy, could not attend school until the
problem of traumatic for the child. Secretary KPAI even say that children who are in prisons
make crime education (http://www.tribunnews.com/2010/09/22/1471 -anak-berhadapan-
dengan-hukum).

The existence of the UUPA, special protection for the ABH and the provision of
restorative justice model prisons of children and child-friendly courts do not guarantee the
protection and fulfillment of children's rights for the ABH. Because the involvement of
children in the law caused by many factors including social, economic and cultural. In
addition, socio-cultural implications carried by ABH large enough from the start not being
met and the lack of their rights in the prisons also the social stigma that is given by the
society after he got out of prison. As a result, ABH rejected socially.

This article is going to examine how the presence of ABH in Central Java and coping
strategies undertaken by local government. Basic data taken in this article refers to the
qualitative study of ABH cases in four District namely Klaten, Grobogan, Salatiga and
Kebumen. The four locations were selected based on consideration of the four demographic
conditions of different locations (urban, semi urban, rural) and the high cases of ABH in
these four areas. Meanwhile ABH mentioned in this article are ABH inside the prison / jail.
Thus, ABH is classified as a child actor and the State does not become the object of study in
this paper.

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Speaking of ABH is inseparable from an definiton of children in general. Some

definition of children have been regulated in various laws and policies in favor of the child.
According to Law No. 23 Year 2002 on Child Protection, which is a child is someone who is
not yet 18 years old, including children who are still in the womb. This is in line with Law
No. 39 of 1999 on Human Rights, a child is every human being below 18 years old and
unmarried, including children who are still in the womb if it is of importance. So definition
the child is an individual who has not turned 18 years old and unmarried, including children
who are still in the womb.

From definitonthe child, then under Law No. 3 / 1997 on Juvenile Court, which
referred to the ABH is a child who has attained the age of 8 years but not attained the age of
18 years and have never been involved in the act of marriage is forbidden for children, either
by legislation according to the rules and regulations and other laws which apply in life and
society concerned. If the child has not reached the age of 8 years and committed the offense
then known as juvenile delinquents. Meanwhile, according to Law No. 23 of 2002 concerning
child protection, which is the ABH is a child who because of circumstances and certain
conditions must be involved in the proceedings, both as a child in conflict of law (criminal),
children as victims of crime and children as witnesses. In this research to refine definition
ABH, the focus for ABH who are in prisons or detention of children as perpetrators of crime.

In Law No. 23 Year 2002 on Child Protection, ABH is a child who gets special
protection. Protection of children is an effort that held a state where every child can exercise
the rights and obligations. The protection of children is also an embodiment of justice in a
society. Thus the protection of children as possible should be sought in various fields of
national life and society. (Shanty Dellyana, 2004:6).

While in Law No. 3 Year 1997 on Juvenile Justice is also regulated on the rights of
children in conflict with the law. Children's rights are:

a. examination of children that must be implemented in a family atmosphere,

b. every child's right to be accompanied by legal counsel
c. detention of children should be separated from adult prisoners
d. detentions carried out in earnest to consider the interests of the child and the interests
of society
e. punishment must be given no jail or prison can be a penalty action by returning the
child to a parent or guardian

So on the basis of such legislation, efforts should be performed on children who are dealing
with restorative justice. This needs to be considered in dealing with children who deal with
the law for the purpose of restorative justice is achieved. Restorative justice efforts aimed at
prevent children from detention and labeling of children as criminals, the recurrence of child
abuse a crime and is responsible for his actions.

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When talking about the presence of ABH can not be separated from the State policy
in dealing with ABH especially children as perpetrators of crime. Antonio Gramsci, one of
the leaders who criticize the existence of the state as the long arms of the capitalists argue
how the state treats children as perpetrators of crime. Various policies issued by the state in
the handling of ABH does not necessarily make their presence to be better, but contrary.
Gramsci introduced the concept of hegemony in viewing position of the state. Hegemony is a
view of life-style and the dominant way of thinking that includes a concept of reality
disseminated in the community both institutional and individual; (ideology) dictate all tastes,
habits of moral, religious principles and political, as well as all social relations, especially in
the intellectual and moral meaning.

Or in other words, hegemony as a process of domination by one group against another

group so that the ideas dictated by the dominant group to dominated groups accepted as
natural (common sense) (Strinati, 1995: 165). The values and ideology of hegemony is fought
for and defended by the dominant group so that dominated group remain silent and obedient
to the leadership of the ruling group. The forms of public approval on the values of the
dominant society do with mastery of the bases of thought, critical ability, and affective
abilities of society through consensus which led public awareness of social issues into a
framework pattern that is determined by a bureaucracy (the dominant society .) Here we see
the attempt to create natural a form and meaning of the ruling group.

Hegemony can occur through the mass media, schools and even through preaching or
conducting religious propaganda indoctrination that caused a new awareness in the society
(A. Pozzoloni, 2006). What is shown by the state which is often just an illusion deliberately
created to eliminate the ideology and identity as a free man. Therefore, hegemony can be
seen as a strategy to retain power (Simon, 1982:3). In the state system, the efforts of
dominant class (the government) to manipulate the lower class consciousness (community) is
to involve intellectuals in government bureaucracy and intervention through education and
art.
Such as what is disclosed by John Storey that hegemony occurs in a society where
there is a high level of consensus with a large measure of social stability in which the lower
classes with the active support and accept the values, ideas, purpose and meaning of culture
that bind and unite them on existing power structures. According to Gramsci, the group that
controlled not only internalize the values and norms of the ruler but also gave approval for
the subordination that made the ruling. Through its products, the hegemony of the sole
determinant of something that is considered right both morally and intellectually (Nezar
Patria and Andi Arief, 2003).

Through the concept of hegemony, Gramsci argued that the power can be lasting and
lasting for at least two devices need work. First, is a device capable of committing acts of
violence that is forcing or in other words the power of the device requires a nuanced work
enforcerment law through institutions such as military, police and prisons. Second is the
devices that can work to persuade the public and its institutions to abide by those in power
through religious life, education, arts, and also the family. It can also be done through
community institutions such as NGOs, social and religious organizations, associations, and
interest groups.

Finally, hegemony is a chain of victories gained through consensus mechanisms using

existing institutions in a society that motivated by ideology and political factors and the
impact on social and individual life of their hegemony. This makes the the public often do not
understand between the real and fictitious (hippereallity). All modern society is shown by a
sign system that is an interpretation of the symbols and imagery, especially that created by
the culture of capitalism.

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ABH is one of the children with special needs included in the category of children
who need special protection, as contained in the UUPA. In Central Java, which is high
enough ABH cases need proper and effective treatment so that children can return to society
as usual. Based on data obtained in the prisons in four districts which became the focus of
study in 2010 the number of ABH vary in each region. Based on data derived from the State
Rutan Kebumen then during in 2010 was found 95 ABH. A total of 20 ABH charged Section
170 of the Criminal Code of beatings, 56 ABH subject to Section 363 of the Criminal Code
regarding stealing at night, 7 ABH snared Section 365 of the Criminal Code of theft with
violence, 5 ABH hit by Article 378 of the Criminal Code concerning fraud, 3 ABH snagged
article 310 of the Criminal Code of Laka Then .

Meanwhile, data that is composed of the Office of State Attorney Purwodadi in 2010
(January-November 2010) there were 34 cases which are not all done ABH detention. Basis
of detention based on an agreement between parents ABH with the victim facilitated by
BAPAS. Based on the FGD results was found that all cases that incoming to the Attorney
ABH must be done the legal process. Of the 34 cases consisted of 22 cases of a criminal act
of theft, 10 cases of a criminal act of decency, and 2 cases because the crime of persecution.

Data obtained within the five institutions of the law in Salatiga then was found as
many as 1 children as police custody, 14 children custody attorney, children custody and 14
district courts. And from the Source District Court District of Klaten Klaten and prisons there
are as many as 23 ABH with the majority of cases of decency and stealing. From all the data
collected from four locations are the majority of ABH male.

In general there are two causes that make children deal with the law that is the
problem of poverty and consumerism. The majority of ABH has not graduated high school or
dropping out of school. The level of education and parents ABH low also influenced by the
family's economic condition. Low parental education has implications for the type of work
that can be accessed (the majority of informal sector) so that the minimum family income or
mediocre. Poverty is one major cause that makes these children involved in various cases of
stealing he did.

Also onslaught of consumer culture created by the global capitalist system also have
implications on teenagers maketh as objects and targets of various commodities which try to
provide a certain image by a particular lifestyle. Cases of stealing committed by these ABH
after examined more in fact used by them as an instrument to fulfill particular lifestyle that
they are pursuing as a teenager of today. In Kebumen such an ABH stealing grain to buy
phones with advanced facilities. Other cases such as ABH stealing mobile phones in schools,
the case of ABH fights at school and in society.

Advances in technology are developing rapidly nowadays, facilitate children's access

to news, movies, games, and so forth. In addition to technological progress has a positive
influence in improving science, technological progress was also brought negative impact on
children, one of which children become victims of sexual violence. Cases of sexual abuse can
always be argued that juvenile offenders are driven by ever watched pornographic videos,
either through the website or through a personal mobile phone. More and more Internet cafes
are popping up in the area sparked the curiosity of children about pornography. As a result,
quite a lot of children who are victims of sexual violence with fellow actors both children and
adults.

Furthermore, when a child then reported or caught red-handed committing crimes of

any nature then usually he must undergo a series of activities called by process of law. From
the data obtained in four districts explained that almost all children who reported to the police
by the aggrieved person subsequently processed legally and end up with criminal
prosecution. Children's lives is then continued in the jail. Central Java Province is still
minimal in the provision of child prosecutors (special prosecutor to handle cases of children
and of course who has a child's perspective.) At four locations the child cases handled by
prosecutors ordinary (non-attorney child) who of course has implications for the demands
imposed on the child. Meanwhile, almost all prosecutors who handle cases of children based
on in-depth interviews that have been made still do not have a child's perspective. Thus, ABH
cases are responded with an argument that the best place for ABH is in prison as a place for
ABH to improve its behavior. Restorative Justice proposed by the Government in the
handling of ABH also still understood by most law enforcement and the public by continuing
jailing of children involved in crime. Prison or jail is considered as a place of repentance
ABH and can make children deterrent will act already done.

Problem of law in accordance with the rules and job handling of agencies such as
Poltabes, judiciary, and courts are also not out helped make children susceptible go to jail.
During the hand who sued or feels aggrieved by the action concerned ABH keep doing the
prosecution then these institutions could not stop the cases of ABH, but even proceeded to the
level of the court until the trial and received jail sentences. The principle of humanism can be
done as long as the plaintiff can forgive the act ABH and withdraw its claim.

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 Additionally, the school stigmatize children involved in criminal and legal

proceedings as a naughty child and their presence is considered as a pollutant name of their
school. There are policies created by the schools to ask these kids finish first legal case and
then go back to school. But there are also school policy which denies the existence of these
children back to school initially because they are considered already "tainted" and could give
a bad influence to the other children. The other parents which know the history of the boy
which caught the law also reject its existence in the middle school because worries about an
impact on her own. Here we see clearly that the social and cultural stigma about ABH just
added Just added a new complex problem for ABH. These children just as there is no
forgiveness for doing criminal activity which often not because of their own accord or
because of the cultural fabric which surrounds them makes it chose crime as a solution.

Deprived the rights of children in prisons do not just a matter of education. Health
problems, identity and their freedom also become another issue. Although health of ABH
considered but is not optimal because do not all prisons have adequate health facilities.
Additionally the room which quite narrow (each prison has only one room for any number of
ABH) to make health ABH was not optimal.

Of all the things which felt by ABH in prison for the majority of their complained
about the lack of freedom for them because of imprisoned and required to comply with a
series of rules that apply in the prison. Children's rights that should be prioritized in the
handling of cases of child disappeared as if swallowed by the desire of the stakeholders who
think making these children become the deterrent to be a good boy. Though the involvement
of children in the criminal do not always come from themselves but from the socio-cultural
factors which surround their lives.

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Children are potential and successors the ideals of national struggle, who has a
strategic role in national development. Importance of guidance and protection in order to
ensure growth and development of physical, mental and social development. To carry out
supervision and provide necessary protection for children who involves both institutional
support or adequate legal tools.
Based on data concerning the presence of ABH in Central Java and handling efforts
during this indicates ABH 4 things.
1. Poverty versus materialist ideologies
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This condition is supported by the entry of globalization in development activities in

Indonesia. Globalization as a process of weakening of the boundaries between countries both
in economic, cultural, ideological, or social, as well as the condition of the global world
becomes like a small village in the face of the hegemony of capitalism, with its economic
system full of ugliness, injustice, greed, and exploitation, as well systems thinking that
destructive to the various ideological, moral and other values. finnally the materialist
ideologies who dominate life in the community including children. The presence of the
materialistic changes the society perspective to the world. The result is that life is often
measured by the parameter object ownership without seeing one's efforts in getting these
things materialistick. Through ownership of the materialistic things will determine the status
of a person's social and self-image, including a teenager. Onslaught of globalization and
capitalism makes a person lose self-esteem is realistic change of material needs that are
apparent.

As described by Kartini Kartono (1992:71) that the variation of the social environment that
states that the number of juvenile crime in a particular racial group is a function of their
socioeconomic position. One cause of children committing unlawful is feeling frustrated
because not able to achieve the desired object that is a sign of modernization such as HP.
Children are important consumers in the products offered by capitalism. Consumers lost in
symbols, images and performances that are difficult to distinguish between fiction and reality.
Thus, rationality no longer has a place and without meaning. This is the hegemony of the
values of poverty versus materialistic ideology which handcuff children. For the role of the
state is required to break the chains of poverty and materialistic culture.

2. Ideology "Offenders Eligible For Condemned"

Based on data in 4 districts in Central Java showed that ABH handling problems have
been made by law enforcement agencies that in fact as deputy the State. ABH examination
process begins from the police agency that handled by the Women and Children Protection
Unit (Unit PPA). In the process of resolving cases, the PPA unit conduct the mediation
process before they decided to do the legal process. The mediation process involving all
interested parties, especially assistance from BAPAS, parents, head of the RT / RW, and
heads of villages. While the victim would accept the family process then the police will tend
to choose the path of peace by returning children to parents.

The process can explain that someone that committed a crime must be submitted to
that first law enforcement agencies ie the police. No exception children. This suggests that
any perpetrators of crimes deserve punishment. Although there is the mediation process but
the final result submitted to the victims of crime. That is the perspective of the victim is still
dominant in giving legal status to children.

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Children who confronted with the law, especially children as perpetrators of crime,
personally has not been able if held accountable by law. Moral and psychological maturity of
the child will not develop properly when confronted with the reality of prison that contain
elements of violence and away from family. Child's life in jail will only increase the suffering
of children, because most of the juvenile prisons in Indonesia mixed with adult residents.
From the results of research conducted, showing juvenile prisons in 4 districts are all mixed
in with adult prison. Between adult inmates with ABH only separated by a block while all the
activities and use the same infrastructure ABH adult inmates.

The prison will only birth forms of violence and crime continued for children because adult
prison keeps hidden crimes ranging from drugs, fights between inmates, as well as sexual
harassment. This is actually encouraging ABH perform similar actions. The learning process
at the jail will only make the act criminal ABH. In other words, children get the learning
other forms of crime. This is evident from the results of FGD there are children who have
repeatedly committed crimes equal to 3 times (District Grobogan). Sociologically, children
are vulnerable to the behavior that exist in the surrounding environment. The ability to judge
good and evil is still unstable and thus require the role of parents and society environment
that provides a positive value rather than vice versa.

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Children who have 'stayed' in jail will always get the labeled a criminal by the environment.
This also happens in society generally. The label attached to it makes the child even more
uncomfortable with herself. The end result is the boy will take action against other crimes.
For ordinary people, prison is the best therapy for ABH because prison is considered will
make a child deterrent. But the facts on the ground show a different thing.

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So far, attempts to tackle the ABH, at the macro level has involved many law enforcement
agencies (police, prosecutors and judges) as well as social institutions (community leaders).
But on a practical level, there is no synergy between the institutions involved in resolving
cases of ABH. Institutions are still running on its own.

Based on the Childrens data indicate that the role of law enforcement agencies as a
representative of the state is still dominant. At the level of law enforcement agencies, the
handling of ABH there are still some matters that are not responsive to the children¶s need
such as hand-cuffed, using a special uniform prisoner, there is no child's special prosecutor,
to the detention period that quite high (up to 3 years). This means consideration of ABH
handling process has not led to the child's future interests. Whereas to Juvenile Court Act has
contained a special safeguard for ABH. However, at the level of implementation has not been
able to walk.

At the community level, there is no requirement to take over the handling of community-
based ABH / society. ABH handling process conducted in accordance with legal procedures.
Although there are police at the mediation process but this process depends on the decision of
the victim. This situation clearly provide for ABH psychological trauma because of the direct
dealing with law enforcement. This shows that the state's role in the handling of ABH is still
dominant.

E. Conclusion
At the macro level, poverty as the dominant factor of a child to commit a crime so the
government (state) must improve the welfare of the community so that children's needs can
be met with either at the family level. In the midst of poverty, cultural modernization have
hegemony children through signs and imagery that is displayed. Children can no longer
distinguish between real and false requirement, but what is shown to modern culture is just
nature hipereallity.

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F. REFERENCES
A. Pozzolini, Pijar-pijar Pemikiran Gramsci. Yogyakarta: Resist Book. 2006
Kartoni Kartono (1992), Patologi Sosial 2 Kenakalan Remaja, Jakarta, Grafiti Pers
Nezar Patria dan Andi Arief (2003), Antonio Gramsci: Negara & Hegemoni, Yogyakarta,
Shanty Dellyana. 2004. Ö
  
 
   
 . Yogyakarta, Liberty Pustaka
Pelajar
Simon, Roger (1991),   

 
, London, Lawrence
and Wishart
Strinati, Dominic (1995), 

 
   , London,
Routledge.
Undang ± Undang nomor 3 Tahun 1997 tentang Peradilan Anak
Undang ± Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak
http://www.menegpp.go.id
http://www.tribunnews.com/2010/09/22/1471 -anak-berhadapan-dengan-hukum