International Journal of Business, Law, and Education
Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education

Legal Implications of Juvenile Sentencing Beyond the Prosecutor's Indictment

Gusti Dewi Anggraini Puteri (Brawijaya University)
Prija Djatmika (Universitas Brawijaya)
Faizin Sulistio (Universitas Brawijaya)



Article Info

Publish Date
13 Jun 2026

Abstract

This study examines the legal implications of juvenile sentencing beyond the prosecutor’s indictment in Decision Number 3/Pid.Sus-Anak/2023/PN Bir concerning attempted aggravated theft with violence. The research aims to analyze the judicial reasoning underlying the decision and its juridical consequences within the Indonesian juvenile justice system. Employing a normative legal research method with statutory and case approaches, the study analyzes primary, secondary, and tertiary legal materials through grammatical, systematic, and teleological interpretation. The findings reveal that although the indictment under Article 365(2) of the Criminal Code was not fully proven, the court convicted the child based on an uncharged but related and less severe offense, namely attempted aggravated theft. While such a decision appears inconsistent with the indictment principle under the Criminal Procedure Code, it remains aligned with established jurisprudence permitting conviction for a similar, less serious offense. Nevertheless, the ruling raises concerns regarding legal certainty, due process, and the protection of children's rights, particularly the principle of imprisonment as a measure of last resort.

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Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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International Journal of Business, Law, and Education disseminates knowledge about Business, Law, and Education that useful to academics, educators, scholars, managers, practitioners, policy makers, consumers, and other stakeholders all around the ...