Analisis Putusan Hakim Perkara Anak Yang Telah Menikah Sebagai Pelaku Perbuatan Cabul (Studi Putusan Nomor 1/Pid.Sus-Anak/2023/PN Tbk & Putusan Nomor 1/Pid.Sus-Anak/2023/PT TPG)

Abstract

The conflict between the Juvenile Criminal Justice System Law, which defines children narrowly based on age, and other laws such as the Human Rights Law and the Marriage Law, which consider marital status as a marker of adulthood, has led to disparities in court rulings. This study aims to analyze in depth the legal provisions regarding the status of married children as perpetrators of criminal acts, the forms of legal protection, and the conflicting legal considerations in Decision Number 1/Pid.Sus-Anak/2023/PN Tbk and Decision Number 1/Pid.Sus-Anak/2023/PT TPG. Using a normative juridical research method through a qualitative analysis of literature, the results of the study identify a fundamental legal dualism. It is emphasized that based on the principle of Lex Specialis Derogat Legi Generali, the Child Criminal Justice System Law should be the main reference because it specifically regulates the administration of justice for individuals under 18 years of age, regardless of their marital status. Analysis of the two verdicts shows that the judge at the Tanjung Balai Karimun District Court correctly applied this principle, classifying the perpetrator as a child and imposing a sentence in accordance with the Child Criminal Justice System Law. In contrast, the judge at the Tanjungpinang High Court made a problematic legal finding. By using marital status to consider the perpetrator as an adult in terms of punishment, the judge of the Tanjungpinang High Court imposed sanctions that exceeded the maximum limits for juvenile punishment. Conceptually, this ruling created a hybrid legal anomaly, whereby the perpetrator was tried as a child but punished as an adult, ultimately disregarding the principle of restorative justice, which is the spirit of the juvenile justice system.