ANALISIS PERTIMBANGAN HUKUM HAKIM PADA PUTUSAN NOMOR 5/Pid.Sus-Anak/2022/PN Jkt.Pst DALAM MENJATUHKAN SANKSI PIDANA TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA KEKERASAN DITINJAU DARI ASAS KEADILAN RESTORATIF

Abstract

In response to the needs of society and the government for laws that protect children, especially those in conflict with the law, Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System was born. The definition of a child based on article 3 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is "A child in conflict with the law, hereinafter referred to as a child, is a child who is 12 (twelve) years old, but not yet 18 (eighteen) years old, suspected of committing a criminal act." Implementation of the Diversion process in resolving children's cases and Restorative Justice methods that involve all stakeholders, especially the community, in assisting the recovery process from better conditions. The implementation of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System is expected to provide a fair legal basis for all parties, especially children in conflict with the law who, at their current stage of development, still need attention, affection and guidance from other people. -people around them to become individuals who are wise, independent, of noble character, responsible, and useful for the family, community, nation and state. In essence, children who are minors and then commit criminal acts have rights that are guaranteed and protected in the investigation process, investigation up to the criminal court stage for children who commit criminal acts. From several studies related to the implementation of juvenile criminal justice, the criminal court process for children has negative impacts on children. Diversion guarantees legal protection to children who are in conflict with the law in the Indonesian juvenile criminal justice system, by implementing diversion in every examination process. Based on Article 6 of Law Number 11 of 2012 concerning the Criminal Justice System, "The aim of diversion is to achieve peace between victims and children, resolve children's cases outside the judicial process, prevent children from being deprived of liberty, encourage the community to participate, instill a sense of responsibility. to the child." Implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System prioritizes the resolution of criminal acts committed by children by deliberation and consensus between the perpetrator, the perpetrator's family, the victim, and the victim's family