Verdict: Journal of Law Science
Vol. 4 No. 1 (2025): Verdict: Journal of Law Science

Analisis Kriminologis terhadap Anak sebagai Pelaku Tindak Pidana Pencurian (Studi Kasus Putusan Pengadilan Negeri Tabanan Nomor 14/Pid.Sus/2014/PN.Tbn)

Paramahan, Marchello Gabriel (Unknown)
Taun, Taun (Unknown)



Article Info

Publish Date
01 Feb 2025

Abstract

This study aims to analyze the legal considerations of the judges in the Tabanan District Court Decision No. 14/Pid.Sus/2014/PN.Tbn regarding children as perpetrators of theft, as well as to examine the criminological factors that underlie the child’s criminal behavior and its relevance to the imposed criminal sanctions. The research applies a normative legal method using statutory, case, and conceptual approaches. The findings indicate that the panel of judges accurately applied the elements of aggravated theft and complied with juvenile justice procedures, including the use of social investigation reports, legal assistance, and parental involvement. However, substantively, the decision has not fully reflected the principles of restorative justice and the best interests of the child as mandated by the Juvenile Criminal Justice System Law (UU SPPA). From a criminological perspective, the child’s action was influenced by inadequate parental supervision, negative peer influence, economic pressures, psychological immaturity, and situational opportunities to commit the crime. These factors demonstrate that the child’s behavior is situational and should be addressed through rehabilitative rather than punitive imprisonment measures. Therefore, this study emphasizes the need to optimize the implementation of restorative justice in juvenile cases to ensure the achievement of protection and rehabilitation objectives.

Copyrights © 2025






Journal Info

Abbrev

vjlaws

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Verdict: Journal of Law Science (E-ISSN: 2985-3680) is an open-access, anonymous peer-reviewed journal published by CV Wahana Publikasi. This journal publishes articles on all aspects of law, covering international, national, and local levels. It aims to provide a platform for researchers, ...