ANALYSIS OF THE JUDGES CONSIDERATIONS REGARDING RESTORATIVE JUSTICE TO CHILDREN IN CONFLICT WITH THE LAW IN THE CIKARANG DISTRICT COURT DECISION NUMBER 33/PID.SUS-ANAK/2023/PN.CKR

Abstract

This study examines judges considerations sentencing child in conflict with the law in Court Decision Number 33/Pid.Sus-Anak/2023/PN.Ckr. Objective to assess extent to which these considerations align with Law Number 48 of 2009 concerning Judicial Power and principles restorative justice in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The method used normative juridical with case study approach, through analysis laws, doctrines, and trial facts. The results show judge considered legal evidence, age, child psychological condition, and the recommendations of the Correctional Center. Although the elements of the crime were proven, the judge balanced legal certainty and protection children rights by imposing a 4-year sentence in a Special Child Development Institution (LPKA). This decision reflects the application principle restorative justice, which prioritizes development and social reintegration children, while interests victims and sense security community taken into account. Conclusion this study confirms that the decision accordance with principles child protection and restorative justice. It is recommended guidelines for judges be strengthened and integrated support, such as psychological counseling and rehabilitation facilities, be provided to maximize the developmental goals of the juvenile criminal justice system.