Penjatuhan Pidana Pelatihan Kerja bagi Anak dalam Perkara Tindak Pidana Kekerasan Seksual

Abstract

The children in conflict with the law are legal subjects that require special treatment, given their status as individuals who are in the stage of development. The state through Law No. 11/2012 on Juvenile Criminal Justice System seeks to ensure the protection and fulfillment of the rights of children in conflict with the law. Job training punishment is one of the main forms of punishment in the Indonesian Juvenile Criminal Justice System. Job training aims to encourage rehabilitation and social reintegration of children as perpetrators of criminal acts. This study aims to analyze the consideration of judges in imposing work training punishment against children in cases of sexual violence crimes, and assess its application based on the principles of the best interests of the child, the value of justice, legal certainty, and expediency. This research uses a normative- empirical approach with literature study and field study techniques. The data is analyzed qualitatively through a study of 9 (nine) court decisions that impose work training punishment to children in the crime of sexual violence. The results showed that the judges' considerations were still varied and did not have a standardized standard, both in terms of the duration of job training, the type of implementing institution, and the mitigating or aggravating aspects. Peaceful efforts between the families of the perpetrators and victims are often used as mitigating considerations, although not formally regulated in the legislation. In addition, the implementation of work training punishment also still faces obstacles in the availability of training institutions that are in accordance with the interests and talents of children. From the analysis, it can be concluded that although the criminalization of vocational training is a progressive step in the punishment of children, its implementation needs to be regulated more clearly and consistently in order to fulfill the objectives of a just punishment that is oriented towards the protection and growth of children.