Analisis Yuridis Terhadap Pertimbangan Hakim Dalam Menjatuhkan Putusan Pada Perkara Pidana Anak (Studi Putusan Pengadilan Negeri Brebes Nomor: 8/Pid.Sus-Anak/2023/PN Bbs)

Abstract

This study aims to analyze the judicial considerations underlying the verdict in juvenile criminal case Decision No. 8/Pid.Sus-Anak/2023/PN Bbs, particularly with respect to its conformity with the principles of the Juvenile Criminal Justice System (SPPA), the principle of proportionality, and legal certainty. The central issue examined is whether the judge’s reasoning reflects the principle of child protection and the consistent application of statutory norms. The research employs a normative-empirical (socio-legal) method, combining statutory and case approaches, reinforced by limited interviews with law enforcement officials. The findings reveal that although the decision took into account the best interests of the child, normative inconsistency arose in the application of Article 78(2) of the SPPA Law, as the imposed vocational training lasted two (2) months, whereas the statute prescribes a minimum of three (3) months. This inconsistency constitutes the novelty of the study, underscoring the importance of consistent application of legal norms to safeguard legal certainty and proportionality in sentencing within the juvenile criminal justice system.