ANALISIS PEMIDANAAN TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PERSETUBUHAN (Studi Putusan Nomor: 6/Pid.Sus-Anak/2024/PN Dgl)

Abstract

Globalization and technological advancement have contributed to increasing juvenile involvement in criminal offenses, including the crime of sexual intercourse offenses. Under Indonesian law, children in conflict with the law are regulated by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), which emphasizes rehabilitation, the best interests of the child, and imprisonment as a last resort. Article 69 paragraph (2) provides that children under 14 years of age may only be subject to measures. However, in Judgment Number 6/Pid.Sus-Anak/2024/PN Dgl, the court imposed a one-year prison sentence on a child who was 13 years old when the offense was committed. This research employs a normative legal method with statutory approach, a case approach, and conseptual approach. The results of this study indicate that the sentence is inconsistent with Article 69 paragraph (2) of the UU SPPA because the child had not reached the minimum age for criminal punishment at the time of the offense. The legal implications include legal uncertainty, inconsistency in applying juvenile justice principles, a shift toward a retributive approach, and weakened child protection. Clarification of age determination under Article 69 paragraph (2) is necessary to ensure legal certainty and consistent application.