NOMOI Law Review
Vol 5, No 2 (2024): November Edition

LEGAL ANALYSIS OF THE POSITION OF SOCIAL RESEARCH REPORT ON CHILD CRIMINAL DECISIONS

Tambunan, Samuel Parsaoran (Unknown)



Article Info

Publish Date
30 Nov 2024

Abstract

Criminal sanctions are The Last Resort or ultimum remedy which is applied after other developmental and preventive efforts have failed. In the juvenile criminal case number. 14/Pid.Sus-Anak/2018/PN.Mdn and Decision Number. 48/Pid.Sus-Anak/2019/PN.Mdn, Children were sentenced to prison for theft even though recommendations from Community Guidance Officers prioritized children's growth and development. This research analyzes the role of Community Development Officers in the Juvenile Criminal Justice System, what the Community Development Officer conveys to the Judge to be taken into consideration in the Decision, and the position of the Community Research Report in the Judge's consideration in Decision Number. 14/Pid.Sus-Anak/2018/PN.Mdn and Decision Number. 48/Pid.Sus-Anak/2019/PN.Mdn. The research method used in this research is normative juridical with a statutory approach and case studies.  The research results show that in decision number. 14/Pid.Sus-Anak/2018/PN.Mdn and Decision Number. 48/Pid.Sus-Anak/2019/PN.Mdn, the position of the Community Research Report is only a reference. The judge did not even consider that in this case there had been a peaceful settlement between the victim witness and the child. When examining and deciding cases, judges should consider the Public Research Report in depth.

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Journal Info

Abbrev

nomoi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

NOMOI Law Review NOMOI Law Rewiew is an academic journal published by Constitutional and Anti-Corruption Studies Center, University of Muhammadiyah Sumatera Utara (UMSU), Medan, North Sumatra, Indonesia, which includes articles on the scientific research field of Law Sciences, includes the results ...