KAJIAN YURIDIS TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK DENGAN MENGGUNAKAN PENDEKATAN RESTORATIVE JUSTICE (Studi Pada Putusan Pengadilan Negeri Karanganyar No. 01/Pid.Sus- Anak/2014/PN Krg dengan Putusan Pengadilan Negeri Banyumas No. 05/Pid.Sus-Anak/2015/PN Bms)

Abstrak

The purpose of this study are to: 1) Assess the approach to the concept of
restorative justice in criminal child in Indonesia. 2) Assess consideration
Karanganyar District Court in deciding the case the crime of persecution (brawl)
done by children using restorative justice approach in Karanganyar District Court
No. 01 / Pid.Sus Anak / 2014 / PN KRG with the District Court Banyumas No. 05 /
Pid.Sus Anak / 2015 / PN Bms.
Methods of approach in this paper is normative. Specifications of this
research using descriptive analysis. Source data using secondary data. Data
collection techniques using literature study and document research. To analyze the
data, researchers used a qualitative normative method.
Based on the research results can be concluded that: 1) The concept of the
approach of restorative justice in the criminal assault of children is done with three
alternatives, namely outside the legal system without the involvement of law
enforcement officials, outside the legal system to keep law enforcement officials, and
as part of the system Justice. 2. a. Consideration of Karanganyar District Court in
deciding the case the crime of persecution (brawl) done by children in Karanganyar
District Court No. 01 / Pid.Sus Anak / 2014 / PN KRG are in accordance with Law
No. 11 Year 2012 on Child Criminal Justice System. Judge considerations such facts
in the trial and juridical facts, as well as seeing things that are burdensome and
relieve the defendant. The judge dropped imprisonment for 1 (one) year with the
criminal provisions need not be run unless the future Children convicted of a
criminal offense again based on the decision of the judge, before a period of 1 (one)
year and 6 (six) months gone and dropped anyway the child's criminal to undergo job
training for 3 (three) months. The judge also looked at the application of sanctions to
the child in prison is not appropriate because of psychological factors. b. Banyumas
District Court Judge consideration in deciding the case the crime of persecution
(brawl) done by children on Decision No. 05 / Pid.Sus Anak /2015/ PN Bms include:
(1) Severity of criminal or delinquency committed by children; (2) The state of the
child; (3) The state-parent households; (4) The relationship between the family
members and the state of the environment; (5) Noting reports Supervisor Society and
the history of the defendant Child.
Keywords: Crime Kids, Restorative Justice Approaches