ANALISIS NORMATIF PENYELESAIAN NON-LITIGASI PENCURIAN OLEH ANAK BERDASARKAN ASAS ULTIMUM REMEDIUM

Abstract

Cases of theft committed by children are frequently settled outside the formal justice system through village-level deliberation (musyawarah desa), particularly in rural areas where access to legal aid remains limited. This study examines the legal standing of non-litigation settlement of theft committed by a child at the village level, viewed from the ultimum remedium principle and Law Number 11 of 2012 on the Juvenile Justice System (UU SPPA), using a corn-theft case settled through village deliberation in Kedungguwo Village, Magetan Regency, as an illustrative case. This research applies normative legal research using statutory, conceptual, and case approaches, and analyzes primary and secondary legal materials qualitatively through a prescriptive-analytical method. The findings show that although the village settlement substantively reflects the spirit of restorative justice and the ultimum remedium principle, it does not procedurally satisfy the formal requirements of diversion under the UU SPPA because it excludes a correctional supervisor, a professional social worker, and district court ratification. Consequently, the settlement only carries social and moral binding force rather than formal legal certainty, consistent with Jan Michiel Otto's theory of realistic legal certainty. Strengthening village-level legal infrastructure is therefore necessary to bridge community-based settlement with the formal juvenile justice system.