ANALISIS KEADILAN HUKUM BATAS USIA ANAK PELAKU TINDAK PIDANA MERESAHKAN MASYARAKAT DALAM UNDANG-UNDANG SISTEM PERADILAN PIDANA ANAK

Abstract

This research originates from the issue of criminal acts committed by children in today's context. Various forms of juvenile delinquency have not yet been addressed based on the principles of justice.

This study employs a normative juridical method by using a statutory and case-based approach. The nature of this research is comprehensive and analytical, aiming to describe the applicable legal regulations and relate them to legal theories. The main objectives are to analyze whether the age limit for criminal responsibility in children, as stipulated in the law, aligns with the principles of justice, and to examine the weaknesses within the juvenile criminal justice system.

The findings reveal that the legal age category for children is defined as a minimum of 12 (twelve) years and a maximum of 18 (eighteen) years. In terms of sentencing, psychological, sociological, and pedagogical considerations are essential in resolving juvenile criminal cases. The age threshold serves as a consequence of considering the psychological development tendencies of children. This is illustrated by the example of South Korea, which has lowered the minimum age of criminal responsibility from 14 (fourteen) to 13 (thirteen) years. Lowering the age limit for criminal liability in cases of serious juvenile offenses is aimed at ensuring justice for the victims of such crimes.

Keywords: Serious Crime, Age Limit, Value of Justice