Analisis Yuridis Sanksi Pidana Anak yang Melakukan Tindak Pidana Pengeroyokan yang Mengakibatkan Kematian (Studi Putusan: 1/Pid.Sus-Anak/2022/Pn.Sbr Dan Studi Putusan : 4/Pid.Sus-Anak/2024/Pn. Bjm)

Abstract

The criminal offense of assault is a recurring phenomenon in society and frequently involves minors as perpetrators. Assault resulting in death is regulated under Article 170 Paragraph (2) point 3 of the Indonesian Criminal Code (KUHP), with a maximum sentence of 12 years' imprisonment. However, if committed by a minor, the sentence is reduced by half. The imposition of sanctions on children must prioritize legal protection and the best interests of the child. This study addresses three main questions: (1) What are the legal provisions regarding assault resulting in death committed by a child? (2) How do criminal sanctions for children committing such offenses align with the objectives of juvenile punishment? (3) What are the judicial considerations in Decision No. 1/Pid.Sus-Anak/2022/PN.Sbr and Decision No. 4/Pid.Sus-Anak/2024/PN.Bjm. This research employs a normative juridical method using statutory and case approaches, based on two court rulings involving juvenile assault resulting in death. The findings indicate that criminal sanctions imposed on children must adhere to the juvenile justice system, which functions as a lex specialis emphasizing restorative justice and rehabilitation. The combined theory of sentencing objectives is the most appropriate, as it balances criminal responsibility with child protection. The decision in Case No. 1/Pid.Sus-Anak/2022/PN.Sbr, which imposed institutional rehabilitation, reflects judicial prudence and aligns with the goals of juvenile punishment. In contrast, the imprisonment sentence in Case No. 4/Pid.Sus-Anak/2024/PN.Bjm poses potential negative impacts and is less aligned with the principles of child protection.