The involvement of minors in criminal acts such as murder presents a complex legal dilemma. On one hand, criminal law demands accountability for serious offenses; on the other hand, child offenders must be viewed as individuals undergoing development and thus entitled to special legal protection. This paper analyzes the criminal liability of children in cases of murder by comparing the approaches of the Indonesian Penal Code (KUHP) and Law No. 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA). Using a normative legal method and comparative approach, the study focuses on the fundamental principles of general and special criminal law, and how these are applied in judicial practice. The findings show that the KUHP leans toward a retributive model of justice, while the UU SPPA prioritizes restorative and rehabilitative approaches. In serious offenses like murder, children can still be held criminally liable, but through a legal process that takes into account their psychological and social conditions, as well as their future development. This study highlights the importance of harmonizing the KUHP and UU SPPA to achieve a justice system that is fair to both victims and child offenders.
Copyrights © 2026