Artemis Law Journal
Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025

Rekomendasi Pembimbing Balai Pemasyarakatan Kelas II Kupang Dalam Penanganan Perkara Pencurian Dengan Pemberatan Yang Dilakukan Oleh Anak

Dates, Oyang Tamara (Unknown)



Article Info

Publish Date
01 Nov 2025

Abstract

The handling of criminal cases involving children as offenders requires a distinct approach from that applied to adult offenders, particularly in implementing restorative justice principles and child protection measures. This study examines the role and recommendations of the Community Advisor from the Class II Correctional Center (BAPAS) in Kupang in cases of aggravated theft committed by children. Based on the analysis of two cour,t decisions Decision No. 7/Pid.Sus-Anak/2016/PN.Kpg and Decision No. 12/Pid.Sus-Anak/2017/PN.Kpg, it was found that the Community Advisor’s recommendations serve as a critical consideration for judges when imposing conditional sentences. These recommendations include aspects of child rehabilitation, legal protection, child welfare, and environmental factors such as parental neglect in supervising children’s behavior and social interactions. Judges took these recommendations into account to ensure that the imposed sentences were not merely punitive, but also aimed at supporting the child's rehabilitation and social reintegration. These findings affirm the strategic role of Community Advisors and their assessments in the juvenile criminal justice system in safeguarding children's rights and promoting a more humane and preventive sentencing approach.

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Journal Info

Abbrev

alj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Artemis Law Journal (ALJ) is an open access and peer-reviewed journal that aims to offer an international academic platform for legal research. These may include but are not limited to various fields such as: Civil Law; Criminal Law; Constitutional and Administrative Law; Procedural Law; ...