ANALISIS PENGGUNAAN LAPORAN PENELITIAN KEMASYARAKATAN DALAM PENJATUHAN SANKSI PIDANA ANAK YANG BERHADAPAN DENGAN HUKUM DI PENGADILAN NEGERI SLEMAN TAHUN 2020

Nuansa Falsafia Taufik, NIM.: 17103040096 (2021) ANALISIS PENGGUNAAN LAPORAN PENELITIAN KEMASYARAKATAN DALAM PENJATUHAN SANKSI PIDANA ANAK YANG BERHADAPAN DENGAN HUKUM DI PENGADILAN NEGERI SLEMAN TAHUN 2020. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Sleman District Court has the highest number of juvenile criminal cases in 2020 compared to four other district courts located in the Special Region of Yogyakarta. Based on Case Statistics Report data of each district court in DIY, it is revealed that the number of juvenile cases submitted to the Sleman District Court is 21 cases. Meanwhile, 18 cases are ruled in Yogyakarta District Court, 17 cases in Bantul District Court, 10 cases in Wates District Court, and 9 cases in Wonosari District Court.In relation to criminal acts committed by children, of course there are procedures that must be followed by children, one of which is through the trial route. In the case of imposing criminal sanctions on children, the judge as the place for making decisions must consider various things. Not only using juridical considerations, on the other hand judges must also consider non-juridical factors that can be found in the Social Inquiry Report (LITMAS) compiled by the Probation Officer from the Correctional Center (BAPAS). In several studies, it is stated that there are still many judges who impose criminal sanctions in prison without heeding the Social Inquiry Report so that the number of children who are given prison sentences is quite large, even though the provision of criminal sanctions is the last alternative that can be given to children. Therefore, the authors want to know the provisions of the laws and regulations governing the use of Social Inquiry Report and are the recommendation in Social Inquiry Report applied by the judge in imposing criminal sanction on childern, especially in the Sleman District. The type of research used in this thesis is library research and is descriptive analytical with a juridical normative approach. The author uses various written sources as well as laws and regulations and uses three Sleman District Court decisions in 2020 to see how the application of the use of the Social Inquiry Report in imposing criminal sanctions on children. The three theories used by the author as an analytical tool are the theory of punishment, the theory of judgment and the theory of the juvenile criminal justice system. The results of this study, the authors conclude as follows: 1) the regulation regarding the use of the Social Inquiry Report in the trial has not been clearly regulated, but there are several laws and regulations that mention the Social Inquiry Report. 11 of 2012 concerning the Juvenile Criminal Justice System, Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Inmates and Minister of Law and Human Rights Regulation Number 3 of 2018 concerning Terms and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Parole, Leave Before Release, and Conditional Leave; 2) in imposing criminal sanctions on children, judges do not always use the recommendations contained in the Social Inquiry report.

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