ANALISIS PERTIMBANGAN HAKIM DALAM TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANAK (STUDI PUTUSAN NO. 22/PID.SUS-ANAK/2021/PN JAP)

Abstract

Article 71 paragraph (3) of the Law on Juvenile Criminal Justice System specifically regulates the imposition of cumulative punishment for children which requires the replacement of fines with work training. This study aims to analyze Decision Number 22/Pid.Sus-ANAK/2021/PN Jap which imposes a fine in place of confinement against a child in relation to the provisions of Article 71 paragraph (3) and the legal consequences arising from the decision. The research method used in this research is normative juridical with statute approach and case approach. The results showed that the judge’s consideration was not in accordance with Article 71 paragraph (3) of the Juvenile Justice System Law because it still refers to the general provisions in the Criminal Code, whereas the Juvenile Justice System Law as a lex specialis must be applied in juvenile criminal justice. The decision contradicts the principle of the best interests of the child, the principle of justice, and the principle of deprivation of liberty as a last resort. As a result, the principle of legal certainty has not been fulfilled and potentially violates the rights of children in conflict with the law. The fine subsidized by imprisonment actually aggravates the burden on children and is not in line with the principles of child protection and development. The judge should impose work training punishment as an alternative for fines to foster a sense of responsibility and prepare children to live independently in the community.

Keywords: Cumulative sentence, Juvenile justice.