Doktoral Ilmu Hukum, Fakultas Hukum, Universitas Lampung, Bandar Lampung, Lampung, Indonesia.
Volume 4 Issue 1, March 2023: pp: 43-54 http://jurnal.fh.unila.ac.id/index.php/plr P-ISSN: 2723-262X E-ISSN: 2745-9306
Law Enforcement Efforts of Theft in Gedong Tataan District Court Based on Pancasila Justice
Muhammad Dias Haikal1, Rinaldy Amrullah2
1Pengadilan Negeri Gedong Tataan, Indonesia Email: [email protected]
2Universitas Lampung, Indonesia Email: [email protected]
Article’s Information Abstract
keywords:
Child, Judge, Verdict.
DOI :
https://doi.org/10.25041/plr.v4i1.2928
The theft crime is essentially taking the rights of others that do not belong to them secretly without coercion and the owner does not know about it. This action materially harms others and violates the values and norms that exist in society. The problem in this study is how the basis of the judge's consideration in deciding decision number 2/Pid.Sus- Anak/2022/PN.Gdt. This action materially harms others and violates the values and norms that exist in society. The problem in this study is to find out what is the basis for the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. The problem approach used in this Legal Writing is a normative juridical and empirical juridical approach.
The data sources in this research include primary data and secondary data. The resource persons in this research are judges at the Class II District Court of Gedong Tataan. The results of the research and discussion show that in deciding a juvenile criminal case, in this case, the crime of theft committed by a child, the judge as an official authorized to decide the case, sees the event from various existing legal facts and the results of research conducted by the community supervisor (PK) which later both of these become the basis for the consideration of the panel of judges. In the Gedong Tataan District Court itself, in meeting the standards for handling juvenile cases, several things still need to be addressed regarding facilities and infrastructure as regulated in the Decree Submitted: Feb 20, 2023; Reviewed: Mar 17, 2023; Accepted: Mar 23, 2023
:
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of the Directorate General of the General Justice Agency.
A. Introduction
Children hold a very unique place in society. As a result, Indonesia's juvenile criminal justice system exists as an expression of children's legal rights. Meanwhile, according to Bagir Manan, the creation of Law Number 3 of 1997 regarding juvenile justice began with the creation of a bill on juvenile justice based on the idea that children, as members of the younger generation, are valuable assets for the country. Children are the successors of the principles of the nation's struggle and the human resources for national development because they are the younger generation.1 Continuous and integrated development efforts are required to achieve excellent human resources, survival, physical and mental growth, and protection from numerous threats that may endanger their integrity and future. In actuality, efforts to raise the next generation are frequently met with a variety of difficult-to-avoid issues and difficulties, such as brief changes in children's behavior. Even more so, there are kids from all social backgrounds who break the law. These kids come from high, middle, and low socioeconomic groups.2
By ratifying the United Nations Convention on the Rights of the Child in 1989, governments all over the world pledged to guarantee equal rights for all children. For every kid to develop as healthily as possible, attend school, be protected, have their ideas heard, and be treated fairly, this convention stipulates what the state must do. The definition of a kid is given in Article 1 of the Convention on the Rights of the Child, which states that, unless a country's law specifies otherwise, a child is any human being younger than 18 (eighteen). All of the rights outlined in this convention apply to all children. Indonesia has ratified the CRC (Convention on the Rights of the Child) through RI Presidential Decree Number 36 of 1990.
The Convention on the Rights of the Child (Convention on the Rights of the Child), which the Government of the Republic of Indonesia signed on January 26, 1990, in New York, United States of America, as a result of the General Assembly of the United Nations being presented with a statement (declaration), a copy of the original text in English as attached to the D, on November 20, 1989, is explained in Article 1 of Presidential Decree Number 36 of 1990.
The Republic of Indonesia's President's Order Number 36 from 1990 was one of the factors taken into account while creating Law Number 11 from 2012 on the juvenile criminal justice system. Afterward, it clarifies what is meant by “a kid” in accordance with Article 1 of the Convention on the Rights of the Child by stating that any minor who is suspected of committing a crime and is under the age of 18 (eighteen) falls within this definition.3
There are also children who are neglected, which refers to kids whose various needs, including spiritual, physical, and social ones, are not properly met. These kids frequently engage in actions or behaviors that can harm society or themselves, such as breaking the law or engaging in activities that are inappropriate for kids. Theft, drug use, murder, and rape are some types of criminal cases.4 Never lose sight of the child's position and all of its unique qualities when trying to deal with their numerous aberrant behaviors and acts. Due to their developmental stage, children's environment might have a more significant impact on
1 Angger Sigit Pramukti, Sistem Peradilan Pidana Anak (Yogyakarta: Pustaka Yustisia, 2015), hlm 20.
2 Sri Sutatiek, Hukum Pidana Anak Di Indonesia (Yogyakarta: Aswaja Pressindo, 2015), hlm 42.
3 Dony Pribadi, “Perlindungan Terhadap Anak Berhadapan Dengan Hukum,” Jurnal Hukum Volkgeist 3, no. 1 (2018).
4 Rinaldy Amrullah, Diah Gustiniati, and Tri Andrisman, “Restorative Justice as a Solution Action Criminal Excice on Cigarette,” Al-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan 22, no. 2 (2022).
establishing their views and personal values, even though they generally and within reason have chosen their course of action based on their thoughts, feelings, and will.5
An intriguing topic for discussion is the issue of juvenile delinquency, particularly when it relates to the amount of juvenile delinquency behavior that results in crime, particularly child theft offenses. Stealing is one of the criminal activities. When committed by an adult, it is expected, and when they are caught, they often go through a standard legal procedure.
However, it is different when committed by a minor, and of course, the legal process that is used is also different. Children increasingly commit theft crimes, and those who do so are considered children under Indonesian law. The increase in juvenile stealing is frequently accompanied by unstable psychological situations as well as the presence of solicitation, persuasion, and even coercion from adults. Because punishment is a component of criminal law that has adverse outcomes for those who receive it, judges utilize rational considerations when delivering judgments or imposing sanctions against criminal crimes of theft committed by children.6
Children's criminal activities or crimes require severe specific examination and consideration so that a judge imposing sanctions or sentencing against them does not leave aspects of coaching. On the other hand, it does not breach the protection of children's rights and social values. Even if there are distinctions in how adults and children are treated when it comes to the law, children are still considered legal subjects and must adhere to and abide by the relevant legal norms. In an effort to safeguard the future leaders of the country, the young generation that includes youngsters, this is being done. The author is interested in reviewing the compliance with the standards for handling juvenile criminal cases at the Gedong Tataan District Court and how to enforce the law on children in conflict with the law in Decision Number 2/ Pid.Sus-Anak/2022/PN.Gdt, which stipulates that a child has been legally and convincingly proven guilty of committing a crime. Cases involving criminal acts of theft committed by children are frequently handled at the Gedong Tataan District Court. The author wishes to perform a study on “Law Enforcement of Children in Conflict with the Law at the Gedong Tataan District Court (Case Study of Decision Number 2/Pid.Sus- Child/2022/PN.Gdt)” based on the description given above.
So, the problem of this research is how is the review of the suitability of the standard handling of juvenile criminal cases in the Gedong Tataan District Court and how is law enforcement against children in conflict with the law in Decision Number 2/Pid.Sus- Anak/2022/PN.Gdt, which stipulates that the child has been legally and convincingly proven guilty of committing a criminal offense.
The author of this research uses normative and empirical juridical research procedures with the method used based on the provisions of laws and regulations to collect information directly and find the truth or facts. This research is descriptive to describe precisely the characteristics of an individual, situation, symptom, or certain group, determine the spread of a symptom, or determine whether or not there is a relationship between a symptom and other symptoms in society. Field research and literature studies were used to collect primary and secondary data. Interviews and literature studies of books, articles, laws, regulations and other publications related to this research are the two data collection methods. Descriptive and qualitative data analysis Qualitative descriptive data analysis is used to utilize qualitative data and is described descriptively. This type of qualitative descriptive data analysis is often used to analyze events, phenomena, or social conditions.
5 Dani Ramdani, Aspek Hukum Perlindungan Anak (Jakarta: Kencana, 2020), hlm 12.
6 Rinaldy Amrullah, “Tindak Pidana Khusus Diluar KUHP,” Jurnal Ilmu Hukum 3, no. 2 (2015).
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The novelty of this research refers to previous research that is different on child law enforcement, in the title concerning Judge Considerations in Sentences for Crimes of Theft by Aggravating Perpetrated by Children. The novelty of this research tends to analyze law enforcement for children who commit criminal acts of theft at the Gedong Tataan District Court in 2022 with a justice perspective that is interpreted in the concept of restorative justice, where the main purpose of detention is to conduct an examination. Still, detained children must also pay attention to their interests.7 The interests of society and his own physical, mental and social development. Child detention facilities and adult detention facilities should be separated. This is done to protect children from the harmful influences that the prison population may absorb due to shared cultural experiences. This is intended so that by giving detention orders to perpetrators of criminal acts who are still underage, law enforcement will be moved to pay more attention to and consider the interests and protection of children.
However, the most crucial thing is that it is hoped that law enforcers will not arbitrarily imprison minors.
B. Discussion
1. Fulfillment of Juvenile Justice Case Handling Standards at the Gedong Tataan District Court
Children who are in trouble with the law, children who are victims, and children who are witnesses to crimes are all included in the juvenile justice system. A youngster who is 12 years old but under 18 years old and is suspected of committing a crime is said to conflict with the law.8 A child under 18 (eighteen years) suffering physical, mental, or financial harm from a crime is considered a victim.9 A child under the age of 18 (eighteen years) who can contribute to the legal process, beginning with the level of investigation, prosecution, and court hearings regarding criminal cases that are heard, seen, or experienced, is considered a witness.10
According to the Decree of the Director General of the General Judiciary Agency Number 2176/DJU/SK/PS01/12/2017 concerning Guidelines for Minimum Standards for Child-Friendly Court Facilities and Infrastructure, the Gedong Tataan District Court complies with child standards, which include having children appear in court in a designated children's courtroom and using the trial waiting room. The judge reviews the child's case in a trial that is closed to the public unless the reading of the decision is intended to protect the child's right to privacy and shield the child from psychological pressure. The child is also separated from the waiting area for the adult trial. The child's trial time also takes precedence over the adult's trial time. Investigators, Public Prosecutors, Judges, Community Advisors, Advocates or other legal aid providers, and other officers in examining cases of Children, Child Victims, and/or Child Witnesses do not wear official attire or attributes. The judge must order parents/guardians or companions, advocates or other legal aid providers, and social advisers to assist court children in juvenile trials.
7 Manuaba, I. B. A. P., Sujana, I. N., & Karma, N. M. S. (2020). Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak. Jurnal Preferensi Hukum, 1(1).
8 S H Ismantoro Dwi Yuwono, Penerapan Hukum Dalam Kasus Kekerasan Seksual Terhadap Anak (Yogyakarta:
Mediapressindo, 2018).
9 Daffa Ladro Kusworo et al., “Establishment of a National Regulatory Body to Overcome Disharmonization of Natural Resources and Environmental Policies,” International Journal of Multicultural and Multireligious Understanding 9, no. 11 (2022).
10 Daffa Ladro Kusworo and Rini Fathonah, “Analisis Implementasi Diversi Dalam Penyelesaian Perkara Anak Pelaku Tindak Pidana Pencurian (Studi Kasus Pengadilan Negeri Liwa),” Inovasi Pembangunan: Jurnal Kelitbangan 10, no. 2 (2022).
The Child-Friendly Waiting Rooms for children who are not detained is one of the mandatory infrastructure facilities in the Work Unit, according to the Decree of the Director General of Badilum Number 2176/DJU/SK/PS01/12/2017 concerning Guidelines for Minimum Standards for Child-Friendly Court Facilities and Infrastructure. Article 22 of Law No. 35 of 2014 Concerning Changes to Law Number 23 of 2002 Concerning Child Protection, states that the government is responsible for providing support for facilities, infrastructure, and the availability of human resources in the implementation of child protection, providing child-friendly waiting room facilities is one way the Gedong Tataan District Court serves the community in this case.
In many national, regional, or global forums, the world of children is now displayed for the global community. Child issues are a growing concern. Child abuse became prevalent in Indonesia during the late 1990s crisis. Children's concerns are particularly evident in quality and quantity because it is precisely the political and economic issues that are the foundation of the multifaceted crisis the Indonesian nation is currently experiencing. It has been more common for children to commit crimes recently, as evidenced by social occurrences and the frequency with which various crime incidents involving children are covered in print and electronic media. Many things can drive youngsters to deviate from illegal behavior.11 People's lives have undergone significant societal changes as a result of, among other things, the adverse effects of rapid development, the flow of globalization in the fields of communication and information, developments in science and technology, and lifestyle changes. Thus, it will significantly impact children's values and behavior. Children will also be more likely to be drawn into unhealthy affiliations if they do not receive advice or affection from their parents, guardians, or foster parents, as well as adjustment and supervision.
Many things can drive youngsters to deviate from illegal behavior. People's lives have undergone significant societal changes as a result of, among other things, the adverse effects of rapid development, the flow of globalization in the fields of communication and information, developments in science and technology, and lifestyle changes. Thus, it will significantly impact children's values and behavior. Children will also be more likely to be drawn into unhealthy affiliations if they do not receive advice or affection from their parents, guardians, or foster parents, as well as adjustment and supervision. According to BPS data, there were 136,000 children in legal trouble as of the end of 2003, and kids were responsible for at least 400 legal infractions annually. When it comes to legal disputes involving juvenile offenders, this data is not important.12 Because the only cases that the police and courts have satisfactorily handled are those that are recorded. While plenty of mischievous child behaviors disturb the social environment, they rarely persist. According to the facts above, a significant and alarming problem exists with minors committing crimes.13
The justice system in Indonesia, which offers other alternatives to settle cases, is expected to be the best way for children to seek a just law. The judicial process will be more conducive to the child's interests and conducted in a child-friendly atmosphere, allowing the child to participate and have a voice freely. Thus it is hoped that every sentence given to a child must pay attention to the psychological elements of the child so that the purpose of sentencing the child can be achieved without creating a risk of threatening the child's life in
11 M. Nasir Djamil, Anak Bukan Dihukum (Jakarta: Sinar grafika, 2013), hlm 33.
12 Hamidah Abdurrachman, Fajar Ari Sudewo, and Dyah Irma Permanasari, “Model Penegakan Hukum Anak Yang Berhadapan Dengan Hukum Dalam Proses Penyidikan,” Pandecta Research Law Journal 10, no. 2 (2015).
13 Daffa Ladro Kusworo and Maghfira Nur Khaliza Fauzi, “Hybrid Restorative Justice: Optimizing Cessation Of Prosecution The Case Theft Through Restorative Judicial House,” Ius Poenale 3, no. 2 (2022).
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conflict with the law. Based on these considerations, a juvenile criminal system is needed that does not neglect the welfare and independence of children.14
In positive Indonesian law, arrangements regarding child protection and methods of settling criminal cases for children can be seen starting from the 1945 Constitution as the state constitution, which states that “every child has the right to survival, growth, and development and is entitled to protection from violence and discrimination”. In addition, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (hereinafter abbreviated as the SPPA Law) provides one of the penal reforms in Indonesia because this Law regulates shorter detention periods, efforts to suspend detention and regulates the obligations of law enforcers in seeking diversion (criminal settlement for children through non-formal channels) at all stages of the legal process.15 Thus, juvenile offenders who are caught still have the opportunity not to be imprisoned for the sake of their future. The consideration that the handling of cases of children in conflict with the law must really guarantee the protection of the best interests of the child and must aim at creating restorative justice, both for children and child victims and to create restorative justice, before moving on to the judicial process at the prosecution level, the prosecution The public is obliged to seek diversion, in connection with the implementation of these obligations, for this reason, regulations are needed that regulate standard, standard and binding procedures for implementing diversion for all public prosecutors, in order to optimize the implementation of the duties of the Attorney General's Office of the Republic of Indonesia in the process of handling cases of children in conflict with the law.
Meanwhile, the defendant's right to representation during court proceedings was frequently violated. Particularly, instances involving young people from economically underprivileged groups cannot be appealed or dismissed. Judges are required to take community research results in reports put together by social counselors into account while deciding child cases. The report's findings should enable the judge to render a just verdict for the involved youngster.16 Every judge's decision will have an impact on the future of the child involved, so the judge must be certain that the choices made can serve as a solid foundation for guiding the child toward a better future and helping them to develop into a responsible citizen for the family and the state of the nation. Although if all children infringe on the same Criminal Code prohibitions, not all children get the same criminal penalties.17
Because courts must take into account the requirements of children, victim justice, public order, and the philosophy of the aim of punishment in criminal law when imposing criminal sanctions against minors. Hence, the judge's ruling against a young offender is hoped to be wise and equitable for all involved. The fundamental definition of stealing is set forth in Article 362 of the Criminal Code. In the main form of Article 362 of the Criminal Code, other articles have additional components against stealing. The criminal code's Articles 362, 363, 364, and 365 provide a framework for classifying theft acts. Theft perpetrated by juveniles may be seen as a specific kind of theft, one that is less serious in nature, yet under criminal law, it may still be subject to a maximum punishment of more than five years in jail. The maximum sentence allowed by Article 362 of the Criminal Code, or years or more. The Criminal Code's Articles 363 and 365 contain regulations pertaining to this.18
14 Muhammad Taufiq, “Penyelesaian Perkara Pidana Yang Berkeadilan Substansial,” Yustisia Jurnal Hukum 2, no. 1 (2013).
15 Lutfil Ansori, “Reformasi Penegakan Hukum Perspektif Hukum Progresif,” Jurnal Yuridis 4, no. 2 (2018).
16 Rr Putri A Priamsari, “Mencari Hukum Yang Berkeadilan Bagi Anak Melalui Diversi,” Perspektif Hukum 3, no. 2 (2018).
17 Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Anak (Lembaran Negara Republik Indonesia Tahun 2012 Nomor 153, Tambahan Lembaran Negara Republik Indonesia Nomor 5332).
18 Arfan Kaimuddin, “Perlindungan Hukum Korban Tindak Pidana Pencurian Ringan Pada Proses Diversi Tingkat Penyidikan,” Arena Hukum 8, no. 2 (2016).
2. Judge's Considerations in Imposing Crime Against Underage Children in Decision Number 2/Pid.Sus - Anak/2022/PN. Gdt
Children hold a very unique place in society. As a result, Indonesia's juvenile criminal justice system exists as an expression of children's legal rights. Meanwhile, according to Bagir Manan, the creation of Law No. 3 of 1997 regarding juvenile justice began with the creation of a bill on juvenile justice based on the idea that children as members of the younger generation, are valuable assets for the country. Children are the successors to the principles of the nation's struggle and the human resources for national development because they are the younger generation. Continuous and integrated development efforts are required to achieve excellent human resources, survival, physical and mental growth, and protection from numerous threats that may endanger their integrity and future. In actuality, efforts to raise the next generation are frequently met with a variety of difficult-to-avoid issues and difficulties, such as brief changes in children's behavior. Even more so, there are kids from all social backgrounds who break the law. These kids come from high, middle, and low socioeconomic groups.19
District Court Class II Gedong Tataan, Theft, child protection, drugs, crime gambling, embezzlement, crimes involving weapons or sharp objects, punishment, publishing, and printing were among the 69 (sixty cases) criminal acts committed by children that were identified by the Gedong Tataan Kelals II District Court's SIPP (Case Tracing Information System). The punishments imposed differ; for example, the author uses the theft decision number 2/Pid.Sus-Anak/2022/PN.Gdt on drug cases that resulted in convictions. 2/Pid.Sus- Anak/2022/PN.Gdt is the case number. The judge is of the opinion that the defendants have been legally and convincingly proven guilty of committing the crime of “theft under aggravating circumstances” based on the information from the witnesses connected with the testimony of the defendants and the evidence presented at trial, legal facts, and all elements have been fulfilled.20
The judge must take into account other factors, including aggravating factors (the defendant's conduct upset the peace and wounded the victim-witness), as well as mitigating factors (the defendants regretted and admitted their actions and promised not to repeat them again, the defendants were polite during the trial, the defendants have not enjoyed the proceeds of their crimes, the defendants have never been convicted, the defendants are still young, so they can still be expected to improve their behavior in the future, the defendants want to return to continue their education).21
The primary charges brought by the public prosecutor were proven true based on the defendant's testimony, the witnesses' statements, and the evidence presented at trial. As a result, it was legally and convincingly established that the defendant had committed the crime of “theft with violence” in aggravating circumstances. Further issues that the judge must take into account include aggravating circumstances (the defendant's acts have upset the community), despite any mitigating factors (the defendant was honest and polite in court, the defendant regretted his actions and promised not to repeat them again, the defendant has
19 Idik Saeful Bahri and M H SH, Pemenuhan Hak Anak Dalam Proses Rehabilitasi Narkotika (Yogyakarta: Bahasa Rakyat, 2020).
20 Sulardi Sulardi and Yohana Puspitasari Wardoyo, “Kepastian Hukum, Kemanfaatan, Dan Keadilan Terhadap Perkara Pidana Anak,” Jurnal Yudisial 8, no. 3 (2015).
21 Elfa Murdiana, “Keadilan Anak Perspektif Undang-Undang No. 11 Tahun 2012 Tentang Sistem Peradilan Anak,” Tapis:
Jurnal Penelitian Ilmiah 1, no. 02 (2017).
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never been punished, the defendant is still a child so he can still correct his actions in the future, the defendant has not enjoyed the results).22
According to the judge who presided over this case, there were absolutely no barriers to reaching a decision. Because the evidence provided at trial, witness testimony, and research findings from the Correctional Center may all be taken into account by the judge when making a decision.23 The sentencing against the child defendant was still carried out so that it wouldn't take too long, even though the kid defendant didn't want to speak in court. Judges are independent in their decision to condemn minors who break the law to prison. This freedom is unrestricted, and no party may interfere with the decision-making process. This seeks to guarantee decisions made by courts are actually objective. The maximum and minimum penalties must also serve as a guide for judges when sentencing children who have committed larceny crimes. Judges' decisions must always be motivated by a feeling of justice for the accused, the victim, and the larger community. In addition, judges must answer to God Almighty for their judicial judgments.24
Given that the judge's judgment on juvenile justice must stress educational guidance and moral growth for children, in addition to punitive measures, particular consideration must be given to jail terms for kids who steal. But even if the accused youngster receives a prison term, he is still entitled to instruction and supervision in a juvenile detention facility. The Judge also requires evidence that can be presented at trial in order to support the fundamental factors he or she is considering when deciding whether to sentence a kid who committed stealing to prison. There must be connections between the evidence used in court. This is done in order for the judge to establish that the prisoner was the one who committed the crime because if irrelevant evidence is offered at trial, it may cast doubt on the judge's decision to impose a criminal sentence.25
The Juvenile Judge first weighs mitigating and aggravating circumstances as a basis for considering the judgment rendered by the Juvenile Judge in Gedong Tataan District Court before imposing a criminal verdict on a child who has been proven guilty of committing the crime of theft in accordance with Articles 362, 363, 364 and 367 of the Criminal Code.
Considering that the perpetrator is a kid who is not yet an adult, a prudent judge will first carefully assess the advantages and repercussions that will be obtained through the application of the criminal sentence before reaching a decision. The defendant who gets criminal sanctions and the defendant's family will be impacted by a judge's inability to be prudent when imposing criminal sanctions and disregarding the notion of sentencing aims in criminal law. A prudent judge would undoubtedly carefully and thoroughly assess the compatibility of the grounds for consideration employed with the idea of sentencing aims in order to avoid such an occurrence.26
Bearing in mind the theory of sentencing objectives in criminal law in order to seek justification for imposing criminal sanctions, it can be determined through 3 theories, namely:
Absolute theory, namely that acts of retaliation in imposing crimes are aimed at the criminal, namely that the imposition of criminal sanctions on children who commit crimes aims to The
22 Lilis Retnowati and S H Hartanto, “Penerapan Restorative Justice Sebagai Upaya Penyelesaian Hukum Terhadap Tindak Pidana Pencurian (Studi Kasus Di Wilayah Kepolisian Sektor Laweyan)” (Universitas Muhammadiyah Surakarta, 2022).
23 Yohanes Suhardin, “Fenomena Mengabaikan Keadilan Dalam Penegakan Hukum,” Mimbar Hukum-Fakultas Hukum Universitas Gadjah Mada 21, no. 2 (2009).
24 Sri Rahayu, “Diversi Sebagai Alternatif Penyelesaian Perkara Tindak Pidana Yang Dilakukan Anak Dalam Perspektif Sistem Peradilan Pidana Anak,” Jurnal Ilmu Hukum Jambi 6, no. 1 (2015).
25 Meni Handayani, “Pencegahan Kasus Kekerasan Seksual Pada Anak Melalui Komunikasi Antarpribadi Orang Tua Dan Anak,” Jurnal Ilmiah Visi 12, no. 1 (2017).
26 Nandang Sambas, Peradilan Pidana Anak Di Indonesia Dan Instrumen Internasional Perlindungan Anak Serta Penerapannya (Yogyakarta: Graha Ilmu, 2013).
perpetrator realizes that the act committed violates the law in force in society. If the child who commits the crime of theft is only given a warning or advice, then based on this theory, this cannot deter the perpetrator. The relative theory is a theory that seeks the basis of criminal law in organizing social order and the result is the goal of preventing crime.
When examining and deciding child cases, judges play a role in making the most equitable decision possible by paying attention to and taking into account the circumstances of the parents or foster guardians' household, the relationship between family members, and the environmental conditions of the child concerned with the aim that the child can meet his or her future goals.27 Whosoever, as defined by the legislators, is the subject or perpetrator of a crime who supports rights and obligations, such as an individual or a company, in the element of stealing. Additionally, an “individual person” is defined as any person who appears in court as a defendant accused of a crime, who is in good physical and mental health, and who is capable of being held legally liable for all of the acts alleged in the prosecutor's indictment General.28
The Child confirmed all of the identities listed in the Public Prosecutor's Indictment when the prosecutor confronted him during the trial on behalf of Adrian Syah Bin Fahrozi.
Additionally, the Child is able to respond to all questions understandably asked of him in Indonesian, and no evidence was discovered that the Child's mental development was disturbed.29 Given that holding something and carrying it, whether it is lifted, utilized, or stored, is what the grammatical sub-element “to take” refers to. According to R. Soesilo, the Criminal Code (KUHP), and the Remarks Full article by article, the recovery (theft) is considered to be finished once the commodities have changed locations. Taking into account that the definition of “alliance” refers to a joint effort to achieve something, plan something, or conduct an act when at least two persons participate by taking on different roles or doing the same act concurrently.30
The second element, “taking something that completely or partially belongs to another person with the intention to be illegally owned”, is defined as taking something that belongs to another person with the intent to take it with the intention to be illegally owned. Because it has been determined above that the child's act of taking 1 (one) unit of blue Jupiter Z motorbike brand number BE 5048 ET belonging to witness Achmadi Bin Muhsoni was committed in partnership between the child and witness Adi Wijaya Bin Zuhaidi, In his charge, the Public Prosecutor claimed that the Child had committed a crime in accordance with Article 363 paragraph (1) 4th of the Criminal Code.31 He demanded that the Child be sentenced to 6 (six) months in a special class II child development institution in Bandar Lampung. The Panel of Judges disagrees with the Public Prosecutor's demands for this reason. When it comes to juvenile criminal justice, a youngster can only be imprisoned if their situation and behavior endanger society.32
Because the Panel of Judges believes that the Child's present circumstances and actions do not have the potential to harm society and that there has also been peace between the Child and the victim, criminal punishment in the form of imprisonment is not appropriate. This
27 Reynald Pinangkaan, “Pertanggungjawaban Pidana Dan Penerapan Sanksi Dalam Pembaharuan Sistem Pemidanaan Anak Di Indonesia,” Lex Crimen 2, no. 1 (2013).
28 Titis Anindyajati, Irfan Nur Rachman, and Anak Agung Dian Onita, “Konstitusionalitas Norma Sanksi Pidana Sebagai Ultimum Remedium Dalam Pembentukan Perundang-Undangan,” Jurnal Konstitusi 12, no. 4 (2016).
29 Herlina Apong, Perlindungan Terhadap Anak Yang Berhadapan Dengan Hukum, Buku Saku Untuk Polisi (Jakarta: Unicef, 2014).
30 Kitab Undang-Undang Hukum Pidana.
31 Syaiful Asmi Hasibuan, “Kebijakan Pertanggungjawaban Pidana Dalam Rangka Perlindungan Hukum Bagi Anak,” Jurnal Hukum Responsif 7, no. 7 (2019).
32 Pinangkaan, “Pertanggungjawaban Pidana Dan Penerapan Sanksi Dalam Pembaharuan Sistem Pemidanaan Anak Di Indonesia.”
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conclusion is based on the Panel of Judges' assessment of the Child's demeanor during the trial and considering the Community Advisor's research findings. The Panel of Judges determines Marbot at the Nurul Iman Mosque Sukabandung Hamlet, Kota Jawa Village, Punduh Pidada District, Pesawaran Regency with a period of time as stated in this law, against the form of punishment with the condition that it is in the form of community service as specified in Article 71 paragraph (1) letter b number 2 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which is imposed on Children.33
Where juridically, the punishment given by the Panel of Judges is expected to provide a deterrent effect. Besides, it does not prevent the child from returning to continue schooling until it is finished. So that the judge declared that Adrian Syah Bin Fahrozi's child was proven legally and convincingly guilty of committing the crime of “theft under aggravating circumstances” as in the single indictment, imposing a crime on the child, therefore with a criminal condition with the condition of being a community service criminal as a Marbot at the Nurul Mosque Faith in Sukabandung Hamlet, Kota Jawa Village, Punduh Pidada District, Pesawaran Regency for 120 (one hundred and twenty) hours within 3 (three) months, Ordered the Public Prosecutor to carry out supervision and to the Community Counselor of the Bandar Lampung Class II Correctional Center to guide while the Child was serving a criminal period with conditions in the form of a community service sentence, and Ordered the Child to be released from detention immediately after this decision was pronounced. 34
C. Conclusion
The Decree of the Director General of the General Judiciary Agency Number 2176/DJU/SK/PS01/12/2017 concerning Guidelines for Minimum Standards for Child- Friendly Court Facilities and Infrastructure, the Gedong Tataan District Court complies with child standards, which include having children appear in court in a designated children's courtroom and using the trial waiting room. The judge reviews the child's case in a trial that is closed to the public unless the reading of the decision is intended to protect the child's right to privacy and shield the child from psychological pressure. The child is also separated from the waiting area for the adult trial. The child's trial time also takes precedence over the adult's trial time. Investigators, Public Prosecutors, Judges, Community Advisors, Advocates or other legal aid providers, and other officers in examining cases of Children, Child Victims, and/or Child Witnesses do not wear official attire or attributes. The judge must order parents/guardians or companions, advocates or other legal aid providers, and social advisers to assist court children in juvenile trials.
So that the judge declared that Adrian Syah Bin Fahrozi's child was proven legally and convincingly guilty of committing the crime of “theft under aggravating circumstances” as in the single indictment, imposing a crime on the child, therefore with a criminal condition with the condition of being a community service criminal as a Marbot at the Nurul Mosque Faith in Sukabandung Hamlet, Kota Jawa Village, Punduh Pidada District, Pesawaran Regency for 120 (one hundred and twenty) hours within a period of 3 (three) months, Ordered the Public Prosecutor to carry out supervision and to the Community Counselor of the Bandar Lampung Class II Correctional Center to provide guidance while the Child was serving a criminal period with conditions in the form of a community service sentence, and Ordered the Child to be released from detention immediately after this decision was pronounced. A number of things still need to be addressed in terms of facilities and infrastructure as stipulated in the Decree of the Directorate General of the General Courts Agency.
33 Muhammad Wiwin Rahmadani, “Penerapan Diversi Pada Tahap Penuntutan Dalam Sistem Peradilan Pidana Anak,”
Badamai Law Journal 2, no. 2 (2020).
34 Liza agnesta Krisna, Hukum Perlindungan Anak (Sleman: Deepublish, 2018), hlm 21.
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