Pertanggungjawaban Pidana Anak sebagai Pelaku Tawuran yang Mengakibatkan Kematian (Studi Putusan Nomor 14/Pid.Sus-Anak/2024/Pn.Bks dan Nomor 17/Pid.Sus-Anak/2024/Pn.Bks)

Abstract

Brawls are a form of juvenile delinquency that involves at least two parties and uses violence. The phenomenon of brawls involving children or adolescents is increasingly concerning. Not only does it cause disturbances to public order, but it has also spread to criminality and resulted in loss of life. One case that can present this problem is Decision Number 14 / Pis.Sus-Anak / 2024 / PN.Bks and Number 17 / Pis.Sus-Anak / 2024 / PN.Bks. This thesis discusses the legal regulations for children who commit brawls in Indonesia and the criminal liability of children who commit brawls according to Indonesian criminal law as well as the application of criminal liability for children who commit brawls based on case studies of court decisions. This study uses a normative legal research type, with two approaches, namely the statutory approach and the conceptual approach using secondary data. Data collection techniques are carried out through literature and document studies. The data analysis method used is the qualitative method. The results of this study found that the legal provisions for children involved in brawls are regulated in the Emergency Law of the Republic of Indonesia Number 12 of 1951 concerning Amendment to the “Ordonnantie Tijdelijke Bijzondere Starfbepalingen” (STBL. 1948 No.17) and the Former Law of the Republic of Indonesia Number 8 of 1948, Law Number 1 of 1946 concerning Criminal Law Regulations, Law Number 1 of 2023 concerning the Criminal Code, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, the criminal liability of children involved in brawls resulting in death must meet the elements of criminal liability, and the analysis of the application of criminal liability for children involved in brawls resulting in death in decisions Number 14 / Pid.Sus-Anak / 2024 / PN.Bks and Number 17 / Pid.Sus-Anak / 2024 / PN.Bks is appropriate in accordance with applicable laws and regulations.