Ramdani, Tasya Hendrina (2025) Tinjauan Tindak Pidana Penganiayaan yang Dilakukan oleh Anak yang Menyebabkan Kematian (Studi Kasus Putusan Nomor 1/Pid.Sus-Anak/2020/Pn.Kpn). Other thesis, Universitas Islam Riau.

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Abstract

The verdict in Case Number 1/Pid.Sus-Anak/2020/Pn Kpn was carried out at the Kepanjen District Court, Indonesia, which handles criminal cases involving minors. The defendant in this case, a child with the initials M, was involved in a serious crime. The child was arrested by the police, then handed over to the prosecutor and charged with a combined indictment consisting of four articles. These four articles were Article 340 of the Criminal Code (premeditated murder), Article 338 of the Criminal Code (murder), Article 351 paragraph (3) of the Criminal Code (assault resulting in death), and Article 2 paragraph (1) of Emergency Law Number 12 of 1951. Based on the public prosecutor's indictment, the judge declared that the child had been proven guilty and that the child's actions did not constitute a defense of excessive force, therefore, the child could still be punished. The child was subsequently sentenced to one year of restriction of liberty in the form of placement in the Darul Aitam Child Protection Institution. The Juvenile Justice and Child Protection Law explicitly requires law enforcement officials to pursue diversion at every stage of the investigation—investigation, prosecution, and trial—if the crime committed by a child carries a sentence of less than seven years and is not a repeat offense. In this case, it is stated that the diversion process failed during the investigation stage, but no concrete efforts were explained in detail to achieve an agreement between the child and the victim. However, according to Supreme Court Regulation (Perma) Number 4 of 2014, judges have the authority to initiate re-diversion if it fails at the previous stage. Failure to diversion should not automatically legitimize the continuation of the criminal process and sentence. Within the logic of juvenile justice, judges should take an active role in promoting peace and recovery, not punishment. This research will examine the main issues according to the scope and problem identification through a normative approach. Based on the normative research method, the data sources used in this study are secondary data sources consisting of three legal materials: primary legal materials, secondary legal materials, and tertiary legal materials.

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