PENERAPAN ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM PENJATUHAN PIDANA PENJARA (STUDI PUTUSAN NOMOR 1/PID.SUS-ANAK/2025/PN TSM)

Azkal Azkiya, NIM.: 22103040173 (2026) PENERAPAN ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM PENJATUHAN PIDANA PENJARA (STUDI PUTUSAN NOMOR 1/PID.SUS-ANAK/2025/PN TSM). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Children in conflict with the law are legal subjects who still have the right to receive protection and guarantees that their best interests are met at every stage of the criminal justice process. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System places imprisonment as a last resort (ultimum remedium), which can only be imposed if other alternative sentencing options are no longer adequate. In practice, imprisonment in Decision Number 1/Pid.Sus-Anak/2025/PN Tsm imposes imprisonment on all child perpetrators of violent crimes collectively based on Article 170 paragraph (2) of the Criminal Code. Based on this, this study aims to analyze the judge's legal considerations in imposing imprisonment on children and analyze the application of the principle of the best interests of the child in Decision Number 1/Pid.Sus-Anak/2025/PN Tsm. This research is an empirical legal research with a case study approach based on field interviews and legal document studies. The research data, consisting of primary and secondary data, were analyzed descriptively and analytically using the Theory of Judicial Considerations by Sudikno Mertokusuma and the Theory of Legal Protection by Philipus M. Hadjon. The results of the study indicate that judges' considerations in imposing prison sentences are based on both legal and non-legal considerations. Legal considerations include the fulfillment of the elements of the crime, evidence, witness testimony, the child's testimony, and the impact on the victim. Non-legal considerations include the child's age, social status, and the Correctional Report from the Correctional Center. Based on interviews, the judges concluded that imposing a prison sentence was the appropriate choice, considering the severity of the crime, the impact on the victim, and the need for accountability and guidance for the child. However, this study found that the application of the principle of the best interests of the child has not been fully substantively accommodated. The child's status in the judge's considerations functions more as a mitigating circumstance, thus influencing the length of the sentence imposed and the child's placement in the Correctional Institution (LPKA), rather than as the primary basis for prioritizing rehabilitation-oriented alternatives. Thus, Decision Number 1/Pid.Sus-Anak/2025/PN Tsm demonstrates that the focus on legal certainty and repressive sentencing remains more dominant than the fulfillment of the child's best interests as the primary consideration in sentencing.

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