Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal International Journal of Business, Law, and Education
Gusti Dewi Anggraini Puteri
Brawijaya University
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Legal Implications of Juvenile Sentencing Beyond the Prosecutor's Indictment Gusti Dewi Anggraini Puteri; Prija Djatmika; Faizin Sulistio
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1472

Abstract

This study examines the legal implications of juvenile sentencing beyond the prosecutor’s indictment in Decision Number 3/Pid.Sus-Anak/2023/PN Bir concerning attempted aggravated theft with violence. The research aims to analyze the judicial reasoning underlying the decision and its juridical consequences within the Indonesian juvenile justice system. Employing a normative legal research method with statutory and case approaches, the study analyzes primary, secondary, and tertiary legal materials through grammatical, systematic, and teleological interpretation. The findings reveal that although the indictment under Article 365(2) of the Criminal Code was not fully proven, the court convicted the child based on an uncharged but related and less severe offense, namely attempted aggravated theft. While such a decision appears inconsistent with the indictment principle under the Criminal Procedure Code, it remains aligned with established jurisprudence permitting conviction for a similar, less serious offense. Nevertheless, the ruling raises concerns regarding legal certainty, due process, and the protection of children's rights, particularly the principle of imprisonment as a measure of last resort.
Co-Authors Faizin Sulistio Prija Djatmika