PERAN PEMBIMBING KEMASYARAKATAN DALAM PEMBERIAN REKOMENDASI TERHADAP HAKIM DALAM MEMBERIKAN PUTUSAN PEMIDANAAN BAGI ANAK BERHADAPAN DENGAN HUKUM (Studi Kasus di Balai Pemasyarakatan Kelas II Klaten)

Abstract

The purpose of this study is to examine and analyze the role of community supervisors in
providing recommendations to judges in providing sentencing decisions for children facing
the law. Reviewing and analyzing the obstacles experienced by the role of community
guidance in providing recommendations to judges in providing criminal verdicts for children
facing the law. The community research report is also used as one of the judges' considerations
in deciding child cases in conflict with the law, as stated in Article 60 Paragraph (3) of Law
Number 11 of 2012 concerning the Juvenile Criminal Justice System. If the obligation is not
carried out by the judge, then there are juridical implications in the form of a null and void
judgment.
The method of approach in writing is sociological juridical. The specifics of this study
used descriptive analytics. The data source uses primary data and skunder data. Data collection
techniques use interview studies and documentation. To analyze the data, researchers use
qualitative descriptive analysis methods.
The role of community guidance in providing recommendations to judges in providing
criminal decisions for children facing the law is to carry out mentoring, guidance, supervision,
and Community Research on children facing the law. Assistance at each level of examination
is carried out during the implementation of diversion and the execution of court
determinations/decisions. The Correctional Center also carries out the duties and functions of
Community Research. In the process of diversion, the recommendations of the Community
Research report are used as a consideration for whether the child of the perpetrator of the crime
will be detained in a state detention center in a special block for children or handed over to
other institutions to attend education, coaching and work training or returned to his parents.
The obstacles experienced by community supervisors in providing recommendations to judges
in providing sentencing decisions for children facing the law are distinguished by external and
internal obstacles. External obstacles include children who commit criminal acts often do not
have a clear identity, do not meet with parents / guardians of the child and there is no active
role both on the part of the perpetrator and the victim when interviewing is carried out make
it difficult for community supervisors to obtain information related to the background of the
child and criminal acts. Furthermore, internal obstacles include not being balanced by the
availability of costs from the allocation of costs from DIPA, not balanced with the availability
of transportation facilities, the lack of availability of computers so that the preparation of
documents for the benefit of Community Research. In this case, the role of the government is
needed to help provide the facilities and infrastructure needed by the Correctional Center,
which has been felt to be minimal.
Keywords: Children Face the Law, Community Guides.