Juridical Analysis of Judgment Number 03/Pid.Sus-Anak/2020/PN.Enr in Light of Law Number 1 of 2023 on the Criminal Code and Law Number 11 of 2012 on the Juvenile Criminal Justice System

Muhammad Rizky Ramadhani, Abraham Ferry Rosando

Abstract


This study examines the legal considerations underlying the imposition of imprisonment and vocational training on a juvenile offender in Judgment Number 03/Pid.Sus-Anak/2020/PN.Enr and evaluates its conformity with Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law No. 1 of 2023 concerning the Criminal Code. The research employs a normative juridical method using statutory and case approaches. Primary legal materials consist of relevant legislation and the court judgment, while secondary legal materials include legal literature and scholarly publications on juvenile criminal law and restorative justice. The collected legal materials are analyzed qualitatively through legal interpretation and doctrinal analysis. The findings indicate that the court considered both juridical and non-juridical factors, including the seriousness of the offense, the child's personal circumstances, and the objectives of juvenile justice. The imposition of imprisonment was intended to ensure accountability for a serious violent offense resulting in death, whereas vocational training functioned as a rehabilitative measure to promote the child's personal development and social reintegration. Although diversion was not applicable due to the gravity of the offense, the judgment reflects the principles of restorative justice by emphasizing rehabilitation alongside punishment. Furthermore, the court's reasoning is consistent with the sentencing philosophy embodied in Law No. 1 of 2023, which promotes proportionality, rehabilitation, and the restoration of social balance. Accordingly, the combination of imprisonment and vocational training demonstrates a balanced approach that protects the interests of victims while safeguarding the rights and future development of juvenile offenders.


Keywords


juvenile criminal justice system; juvenile offenders; violent crime; imprisonment; vocational training; restorative justice.

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References


Arif, Barda Nawawi. Kapita Selekta Hukum Pidana.

District Court of Enrekang. (2020). Judgment Number 03/Pid.Sus-Anak/2020/PN.Enr.

Law No. 1 of 2023 concerning the Criminal Code (State Gazette of the Republic of Indonesia Year 2023 No. 1).

Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (State Gazette of the Republic of Indonesia Year 2012 No. 153).

Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection (State Gazette of the Republic of Indonesia Year 2014 No. 297).

Marzuki, Peter Mahmud. Penelitian Hukum.

Putusan Pengadilan Negeri Enrekang Nomor 03/Pid.Sus-Anak/2020/PN.Enr.

Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak.

Undang-Undang Nomor 35 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak.




DOI: https://doi.org/10.5281/zenodo.21453440

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