Analisis Pertimbangan Hakim Dalam Memutus Perkara Tindak Pidana Pembunuhan Yang Dilakukan Oleh Anak (Studi Putusan Nomor 1/Pid.Sus Anak/2021/PN.Soe)

Abstract

Children as the nation’s future generation, hold considerable potential for national development, making their legal protection and guidance essential. The issue addressed in this study concerns whether the judge’s considerations in Decision No. 1/Pid.Sus-Anak/2021/PN.Soe regarding the criminal act of murder committed by a child were appropriate and proportional. Accordingly, the objective of this research is to analyze the judge’s reasoning in imposing the sentence and to assess whether it aligns with the principles of proportionality. This study uses a normative legal research method, referring to the provisions of the Criminal Code and Law No. 11 of 2012 on the Juvenile Criminal Justice System. The findings show that although the judge applied Article 338 of the Criminal Code to sentence the child to five years in prison, there are indications that the child’s actions met the elements of premeditated murder under Article 340 of the Criminal Code. Failing to consider these planning elements could result in injustice for the victim and society. Therefore, a balance between protecting the rights of the child and upholding legal accountability is vital to achieve justice for all parties.

Keywords: Murder, Proportionality of Sentencing, Child.