Azimah, Dessy (2025) Pertimbangan Hakim Dalam Memutuskan Perkara Tindak Pidana Asusila Yang Dilakukan Oleh Anak Di Wilayah Hukum Pengadilan Negeri Pekanbaru (Studi Kasus: Nomor 3/Pid.Sus-Anak/2024/PN Pbr). Masters thesis, Universitas Islam Riau.

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Abstract

With today's rapid developments, many criminal acts are committed by children. Based on information the author obtained, published in Tribunnews on Thursday, March 16, 2023, a student committed indecent assault against a 14-yearold child. Based on the above background, the research problem is formulated as follows: What are the judge's considerations in deciding cases of immoral crimes committed by children in the jurisdiction of the Pekanbaru District Court? What is the impact of the judge's decision on the immaterial losses experienced by the victim? The approach used in this research is a juridical-normative approach, a method within normative law that studies and examines legal principles, particularly positive legal principles, derived from existing literature, legislation, and legal provisions, particularly those related to the issue. This research is descriptive juridical, determined as such because it is based on the argument that the researcher attempts to approach the problem under study through in-depth analysis. The conclusion of this study is as follows: Judges' considerations in deciding cases of immoral crimes committed by children in the jurisdiction of the Pekanbaru District Court. In deciding cases of crimes committed by children, judges are required to have certification in training in resolving juvenile criminal cases. The juvenile justice process is accompanied by legal counsel and family. In deciding cases of crimes committed by children, the judge will find the best solution for the interests of the child or perpetrator. If the act is the first time committed by the child and the child is still in school, the judge will give leniency to the perpetrator because it could have happened due to an error. However, if the act has been done repeatedly and the child is not in the education period, the judge will give a firmer decision because the judge is of the opinion that this child does not have a sense of guilt and wants to change. The imposition of criminal sanctions or punishment in the SPPA Law is a last resort or ultimum remedium. Prior considerations will be made, the authenticity of legal certainty and benefits. In the judicial system there are differences in punishment for children, a maximum of 2/3 of the punishment given to adults and fines are replaced with job training. There is certainly no difference in treatment, but judges will still consider children's rights in their legal considerations. The government, along with social services and women's and children's protection agencies, will provide rehabilitation for child victims of immoral acts, and provide guidance to prevent re-traumatization. Victims will be placed in rehabilitation centers, such as the Abiseka Center, or under parental supervision, with ongoing monitoring by relevant parties regarding the victim's psychological development.

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