PENANGANAN PERKARA TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK (STUDI KASUS NOMOR: 15/PID.SUS ANAK/2020/PN BTL)

Galih Tadhakara Yekti, NIM.: 19103040040 (2023) PENANGANAN PERKARA TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK (STUDI KASUS NOMOR: 15/PID.SUS ANAK/2020/PN BTL). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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.

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