ANALISIS YURIDIS PENJATUHAN PIDANA DI BAWAH MINIMUM TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM TINDAK PIDANA PERSETUBUHAN (Studi putusan Nomor 3/Pid.Sus-Anak/2025/PN PMK

Abstract

This study analyzes Judgment No. 3/Pid.Sus-Anak/2025/PN Pmk. The panel of judges imposed a prison sentence of 7 (seven) months and a vocational training sentence of 1 (one) month. Using a normative legal method with legislative, case-law, and conceptual approaches, this study examines the judgment’s compliance with the provisions of Law No. 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) as well as its adherence to the principle of the best interests of the child. The results of the study indicate that reducing the duration of the work training sentence is inappropriate because it violates the principles of legality and legal certainty. Furthermore, when viewed from the perspective of the “poena ut medicina” theory, a duration of 1 (one) month constitutes a sanction below the therapeutic dose; therefore, it is deemed suboptimal for realizing the essence of the work training sentence, which serves rehabilitative, corrective, and vocational functions for the child.