The Indonesian Journal of International Clinical Legal Education
Vol. 7 No. 4 (2025): December

Judicial Discretion and Statutory Sentencing Limits in Juvenile Premeditated Murder Cases

Yemima Kesia Kerenhapuk Tandipayuk (Unknown)



Article Info

Publish Date
30 Jan 2026

Abstract

Legal protection for children in conflict with the law is normatively regulated within the Indonesian legal system, particularly through Law Number 11 of 2012 on the Juvenile Criminal Justice System. Nevertheless, existing scholarship largely addresses juvenile protection in general terms and has not sufficiently examined the doctrinal tension between judicial discretion and statutory sentencing limits in cases involving serious crimes committed by juveniles. This study analyzes the scope of legal protection afforded to juvenile offenders involved in premeditated murder and critically examines judicial reasoning in imposing prison sentences that exceed the maximum limits prescribed by law. Employing a normative juridical research method with statute, case, and conceptual approaches, this study finds that although formal and material safeguards for juvenile offenders are clearly established in legislation, their application in judicial practice remains inconsistent. Courts frequently invoke substantive justice considerations and the combined theory of sentencing objectives to justify sentences exceeding statutory limits, primarily on grounds of social protection and deterrence. This article argues that such practices reflect a doctrinal inconsistency within Indonesia’s juvenile justice system, as they contravene the principle of legality and undermine the child-protection orientation mandated by Article 81 paragraph (6) of Law Number 11 of 2012. This study contributes to juvenile justice discourse by proposing the necessity of clearer sentencing guidelines and strengthened judicial oversight to prevent excessive judicial discretion and to ensure the consistent implementation of child protection principles.

Copyrights © 2025






Journal Info

Abbrev

iccle

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The journal also supported and supervised by Law Clinics at Faculty of Law Universitas Negeri Semarang, such as Anti-Corruption Law Clinic, Women and Gender Law Clinic, Human Rights Clinic, Employment Law Clinic, Land Law Clinic, Statutory Law Clinic, Environmental Law Clinic, and some Research ...