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Afrisyal Chandra Permana
Fakultas Hukum, Universitas Pakuan
Law, Crime, Criminology & Criminal Justice

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Criminal Liability of Children for Homicide: Perspectives of the Juvenile Criminal Justice System Law and the Criminal Code Abian Farhan Alfahrezy Hasibuan; Afrisyal Chandra Permana; Malik Maulana Ibrahim; Ilham; Herli Antoni
DE'RECHTSSTAAT Vol. 12 No. 2 (2026): JURNAL HUKUM DE' RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v12i2.19715

Abstract

The involvement of minors in criminal acts such as murder presents a complex legal dilemma. On one hand, criminal law demands accountability for serious offenses; on the other hand, child offenders must be viewed as individuals undergoing development and thus entitled to special legal protection. This paper analyzes the criminal liability of children in cases of murder by comparing the approaches of the Indonesian Penal Code (KUHP) and Law No. 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA). Using a normative legal method and comparative approach, the study focuses on the fundamental principles of general and special criminal law, and how these are applied in judicial practice. The findings show that the KUHP leans toward a retributive model of justice, while the UU SPPA prioritizes restorative and rehabilitative approaches. In serious offenses like murder, children can still be held criminally liable, but through a legal process that takes into account their psychological and social conditions, as well as their future development. This study highlights the importance of harmonizing the KUHP and UU SPPA to achieve a justice system that is fair to both victims and child offenders.
Co-Authors Abian Farhan Alfahrezy Hasibuan Herli Antoni Ilham Malik Maulana Ibrahim