Zuhra Zilkamala, Abidatu (2025) Analisis Yuridis Pertimbangan Jaksa Dalam Kasus Penuntutan Pidana Mati Terhadap Pelaku Anak Ditinjau Menurut Undang-undang Nomor 11 Tahun 2012 Tentang Sistemperadilan Pidana Anak (studi Kasus Perkara Nomor 50/pid.sus-anak/2024/pn Plg). Masters thesis, Universitas Islam Riau.

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Abstract

In Indonesia, the handling ofjuvenile criminal cases has become a public concern. To protect the rights of children who violate the law, Indonesia passed Law No. 11/2012 on the Juvenile Criminal Justice System. Prosecutors are law enforcement officials who have the duty and authority to prosecute violations of the law, especially in criminal cases. The Public Prosecutor provides consideration to the defendant through the prosecution process which includes an analysis of the facts ofthe case, available evidence, and applicable legal regulations. In this case the juvenile criminal justice system should be treated differently compared to adults, with an emphasis on rehabilitation and reintegration into society. However, in this case, the child was treated with a repressive system that is contrary to the law. The purpose of this thesis research is to examine the considerations of the Prosecutor in providing death penalty charges against juvenile offenders, and the views of the Juvenile Criminal Justice System Law on death penalty charges by the Prosecutor in the murder case of junior high school students in Palembang. The research method used in this research is normative juridical research. The approach method used uses 2 approaches, namely the statutory approach and literature study. The data collection tools used are primary, secondary, and tertiary legal materials. Data retrieval or data collection procedures are document studies and interviews. The data analysis used is qualitative analysis. The results of the study, First, the Prosecutor's consideration in providing death penalty charges against child offenders is based on the fact that the actions committed by children are classified as very heinous which should not be committed by a child and there are no things that can alleviate the prosecutor's charges. Second, in the case of Death Penalty Prosecution against juvenile offenders, there are many pros and cons. This is because the prosecution carried out by the prosecutor is very contrary to the Law on Juvenile Justice System. This is emphasized in Article 3 Letter F of the Law on Juvenile Justice System.

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