Analisis Hukum Kedudukan Laporan Penelitian Kemasyarakatan pada Putusan Pidana Anak (Studi Putusan No. 14/Pid.Sus-Anak/2018/PN.Mdn dan Putusan No. 48/Pid.Sus-Anak/2019/PN.Mdn)

Abstract

Criminal sanction is The Last Resort which is the last means that must be carried out after other efforts which are coaching and preventive in nature have not been successful. In the Juvenile Criminal Case Decision Number. 14 / Pid.Sus-Anak / 2018 / PN.Mdn and Decision Number. 48 / Pid.Sus-Anak / 2019 / PN.Mdn, Children was sentenced to imprisonment for theft. The results of the social research report were already included in the basis of the judge's consideration, but the judge's decision was not in line with the recommendation from the Community Advisor who prioritized the development of children. This study will examine and analyze: what is the role of the Community Guidance in the Juvenile Criminal Justice System, what the Community Advisors to the Judge for consideration in the decision and what is the position of the Community Research Report in the judge's consideration in decision Number. 14 / Pid.Sus-Anak / 2018 / PN.Mdn and Decision Number. 48 / Pid.Sus-Anak / 2019 / PN.Mdn. This research is a normative legal research with analytical descriptive character. The data used is secondary data. Secondary data comes from primary, secondary and tertiary legal materials. Secondary data were collected using library research techniques and data collection tools in the form of document studies. The analysis in this study is a qualitative analysis by drawing conclusions deductively, namely drawing conclusions from general matters to specific matters. From the research results it is known in the decision Number. 14 / Pid.Sus-Anak / 2018 / PN.Mdn and Decision Number. 48 / Pid.Sus-Anak / 2019 / PN.Mdn. The position of the Community Research Report is for reference only. The judge did not even consider that in this case a peace had been made between the victim witness and the child. In examining and deciding cases, judges should be able to consider the Community Research Report in depth.