%A NIM.: 19103040040 Galih Tadhakara Yekti
%O Pembimbing: Prof. Dr. Drs. H. Makhrus Munajat, S.H., M.Hum.
%T PENANGANAN PERKARA TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK (STUDI KASUS NOMOR: 15/PID.SUS ANAK/2020/PN BTL)
%X The application of restorative justice in juvenile criminal cases regulated in
the Juvenile Criminal Justice System law makes efforts to carry out child cases from
the court to outside the court through a diversion mechanism. Diversion is useful
for avoiding the negative effects of subsequent judicial processes in the
administration of juvenile justice, for example labeling as a result of a statement of
guilt or sent encing. The purpose of this study is to analyze the decision Number
15/Pid.Sus Anak/2020/PN.Btl from a law enforcement perspective, namely the
reason the judge does not apply diversion and the legal consequences that the judge
gets if he does not carry out diversion.
To clarify these legal issues, this study uses empirical legal research in order
to obtain data that is examined based on real law and works in society by using a
qualitative approach in order to produce analytically inductive data. The author
uses two types of data, namely primary and secondary data. The data collection
method used by the author is through review of laws and regulations, judge's
decisions, interviews with competent parties (in this case judges) and other related
legal literatur e which are closely related to answering the issues discussed. All
collected data were then analyzed qualitatively to obtain inductive analysis results.
The results showed that the first decision handed down by the judge was
quite fair, namely 3 years and 6 months for one child accused who was proven to
have the biggest role and 2 years for 5 other children who also participated in
committing the crime of persecution as a last resort in solving this problem. Second,
in sentencing child defendants the judge has used various considerations based on
facts at trial starting from the statements of the accused and witnesses, the
psychological condition of the children, aggravating and mitigating circumstances
as well as suggestions and recommendations for resolvin g the child's case.
Therefore, the judge in this case has carried out his duties and functions in
accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice
System and Supreme Court Regulation Number 4 of 2014 concerning Guidelines
for the Implementation of Diversion in the Criminal Justice System.
%K Restorative Justice , Diversi, Hakim
%D 2023
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib61693