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Child Criminal Liability in Cases of Brawls Between Students Reviewed from Law Number 11 of 2012 concerning the Juvenile Criminal Justice System Dea maulidina; Rois harliyanto; Triana Justitia Mahardika
Journal of Social Science Vol. 7 No. 4 (2026): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v7i4.1073

Abstract

Fights between students in Indonesia are a complex social issue that is often triggered by minor incidents, the emotional instability of adolescents, and the influence of peer groups or gangs, resulting in disruption of public order, physical and psychological harm, and even fatalities. This problem creates challenges in applying criminal liability to children because their psychological development is not yet complete and they are easily influenced by their surrounding environment. This normative analysis examines the provisions on child criminal liability in brawl cases under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law), which emphasizes the principles of prioritizing the best interests of the child, individualization of sanctions, diversion, and restorative justice. The research findings indicate that the regulation is based on the concept of participation in the Criminal Code but is adjusted to child protection principles through individual assessments based on role, age, psychological condition, and valid evidence. In practice, irregularities still occur, such as the mass determination of perpetrators and examinations that are not child-friendly. Diversion and restorative justice approaches have proven effective for out-of-court settlements aimed at rehabilitation, although cases involving many parties remain complex. Therefore, stronger law enforcement efforts are needed to prevent brawls, ensure child protection, and provide guidance for law enforcement officials, educational institutions, and policymakers in achieving fair, consistent, and humane handling of such cases.