Tubagus Haekal Er Ghifari
Politeknik Pengayoman Indonesia

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Alternative Criminal Actions Carried Out by Community Guidance Officers for Children in Conflict with the Law at the Class I Serang Correctional Facility: Upaya Pidana Alternatif Yang Dilakukan Pembimbing Kemasyarakatan Terhadap Anak Yang Berkonflik Dengan Hukum di Bapas Kelas I Serang Tubagus Haekal Er Ghifari; Umar Anwar
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 3 (2025): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/1436xw40

Abstract

Based on 2024 data, the Class I Correctional Center (Bapas) in Serang handled 34 children sentenced to imprisonment in the Juvenile Correctional Institution (LPKA), while only 18 children received alternative sentencing. This indicates that the principle of restorative justice, as mandated by Law No. 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA), has not been fully implemented, as imprisonment remains the dominant form of case settlement. This study aims to analyze the role of Community Counselors (Pembimbing Kemasyarakatan/PK) in promoting alternative sentencing for children in conflict with the law, particularly at Bapas Class I Serang. Using a qualitative method with a juridical-empirical approach, data were collected through interviews, observations, and documentation. The findings reveal that PKs play a crucial role in the alternative sentencing process, including preparing social inquiry reports (litmas), providing recommendations to judges, assisting children during legal proceedings, and supervising the implementation of alternative sanctions. However, several obstacles remain, such as the limited understanding of restorative justice among law enforcement officers, resource constraints within Bapas, and a lack of community and institutional support for child rehabilitation. Therefore, this study recommends continuous training for law enforcement, strengthening Bapas through increased numbers of PKs and supporting facilities, and expanding collaboration with educational, social, and religious institutions. These efforts are expected to enhance the effective and humane implementation of alternative sentencing, supporting the objectives of the UU SPPA in ensuring child protection and comprehensive social reintegration.