Legal Analysis Of The Criminal Responsibility Of Children As Perpetrators Of Murder (Study of Decision Number 4/Pid.Sus-Anak/2019/PN.Kbj)

Abstract

Murder cases involving children often receive significant media and public attention. Public reaction to such cases is often highly emotional, with people tending to demand severe punishment for the perpetrators, even though the perpetrators are still children. This study aims to analyze the law enforcement for children as perpetrators of murder and the criminal responsibility of children as perpetrators of murder. This study uses normative research and secondary data sources as well as legislative and case approaches. Based on the results of the study, law enforcement against children who commit murder requires a holistic approach and is centered on the best interests of the child. The juvenile criminal justice system in Indonesia, as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA), emphasizes the principles of restorative justice, rehabilitation, and social reintegration. This mechanism aims not only to impose sanctions, but also to support the recovery process of children as individuals with the potential to change for the better. The responsibility of children as perpetrators of murder is regulated in the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. If it is proven that a child (minor) committed the crime of murder, the trial process will be in accordance with the provisions stipulated in Law No. 11 of 2012, while the sentence is ½ (one half) of the sentence for adults. In the decision Number 4/Pid.Sus-Anak/2019/PN.Kbj, the child was sentenced to 4 (four) years in prison.