EFEK YURIDIS PERTIMBANGAN HAKIM DALAM MENERAPKAN DIVERSI TERHADAP ANAK PELAKU TINDAK PIDANA LALU LINTAS YANG MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN

Abstract

The purpose of this study is to review and analyze the application of diversion to traffic crimes that result in the loss of life of others in the Jember District Court Decision Number 7 / Pid.Sus-Anak / 2018 / PN.Jmr. Reviewing and analyzing the judge's considerations in imposing sanctions on children perpetrators of traffic crimes that result in the loss of life of others in the Jember District Court Decision Number 7/Pid.Sus-Anak/2018/PN.Jmr.The juvenile justice system in Indonesia has a different case resolution system than adults as perpetrators of criminal acts. The juvenile justice system is known as resolving children's cases by diversion method, which is the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice by considering the best interests of the child perpetrator of the criminal act.
The method of approach in this writing is normative juridical. The specifics of this study used descriptive analytics. The data source uses skunder data. Data collection techniques use the study of document studies. To analyze the data, researchers use qualitative descriptive analysis methods.
The application of diversion to perpetrators of traffic crimes that result in the death of another person by a child in the Jember District Court Decision Number: 7 / Pid.Sus-Anak / 2018 / PN.Jmr refers to Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The Jember District Court Judge in imposing an action against a child in conflict with the law also refers to the provisions of Article 69 Paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which states that: Children who are in conflict with the law who are not yet 14 (fourteen) years old can only be subject to action, namely return to parents. The judge's consideration in imposing a sentence on the perpetrator of a traffic crime that results in the death of another person by a child in the Jember District Court Decision Number: 7 / Pid.Sus-Anak / 2018 / PN.Jmr is based on witness statements, evidence in the form of letters, expert statements, instructions, statements of the accused, Indictments of the Public Prosecutor and the Results of Community Research by Community Advisors from BAPAS. In addition to the consideration of the evidence, the Judge also considered that the Defendant Child was in school and a minor, and the child did not know and understood the traffic signs, without wearing a helmet and without having a driver's license C which in terms of age The child also had not time to ride a motorcycle so the Child did not understand what speed was allowed when riding a motorcycle on the road.
Keywords: Judge's consideration, diversion, traffic crime, loss of life of others.