Tinjauan Yuridis Perlindungan Hukum terhadap Pemidanaan Anak yang Berhadapan dengan Proses Hukum Berdasarkan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak

Abstract

Children in conflict with the law (CCL) require special treatment that prioritizes rehabilitation and restorative justice in accordance with the mandate of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). However, in practice, juvenile sentencing is often still trapped in a repressive punishment approach. This study aims to analyze the form of legal protection for CCL based on the UU SPPA and examine its implementation in Decision Number 20/Pid.Sus-Anak/2023/PN Mdn. The method used is normative legal research with a qualitative prescriptive nature, utilizing a statute, case, and Conceptual Approach. The results indicate that formal procedural protection has been fulfilled. Because the maximum criminal threat exceeds 7 years, diversion could not be applied. However, substantive protection is considered suboptimal. The judge disregarded the Litmas recommendation and imposed a 1-year prison sentence without comprehensive argumentation and without an explicit order for placement in a Special Child Development Institution (LPKA). In conclusion, the application of the law in the decision remains oriented towards repressive punishment. This decision does not fully reflect the principle of the best interest of the child and the principle of ultimum remedium (imprisonment as a last resort) for the sake of the child's future rehabilitation.