Erviyanti Rosmaida, . (2025) PENERAPAN TINDAKAN TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA USIA 12 TAHUN DITINJAU DARI ASPEK KEPENTINGAN TERBAIK ANAK. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
Children are strategic assets for the future of a nation. However, during their developmental phase—characterized by identity exploration—children often become involved in legal violations without malicious intent. Unfortunately, the criminal justice system frequently fails to provide adequate protection. Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) affirms that children aged 12 may only be subjected to non-penal measures, not criminal sanctions, applying a restorative justice approach and the principle of the best interest of the child. Referring children to Social Welfare Organizing Institutions (LPKS) is a non-punitive measure aligned with the goal of rehabilitation rather than punishment. This study employed a qualitative method with a normative juridical approach and limited fieldwork conducted at LPKS Handayani, East Jakarta. The research reveals that the role of LPKS in carrying out rehabilitative actions for 12-year-old children in conflict with the law has not yet been optimized. Although the SPPA Law clearly stipulates that children at this age should only receive rehabilitative measures and promotes restorative justice and the best interest of the child, its practical implementation remains inconsistent with those normative standards. Field findings indicate that the implementation of social rehabilitation lacks adequate structural and procedural support. One of the primary contributing factors is the absence of clear and coordinated synergy among law enforcement actors, including investigators, prosecutors, judges, probation officers, and social workers. Moreover, the lack of a technical Standard Operating Procedure (SOP) that governs the referral process to LPKS, standards for social rehabilitation, and guidelines for diversion from the pre-adjudication stage has led to inconsistent and non-restorative legal practices. This lack of synergy and procedural clarity results in formalistic and even repressive treatment, where 12-year-old children are processed under a punitive logic rather than rehabilitative. Such practices contradict the core principles of juvenile justice, which emphasize psychosocial protection, character recovery, and social reintegration. In contrast, when involved from the outset, LPKS has proven capable of delivering educational, restorative, and transformative rehabilitation. Therefore, the findings underscore the urgency of optimizing the role of LPKS not merely as a social service provider but as a strategic actor in ensuring legal protection and implementing justice that supports the child’s future. Cross-sectoral synergy and the reinforcement of technical regulations are urgently needed as the foundation for the real implementation of the best interest of the child principle in the juvenile criminal justice system.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil: 2310622022] [Pembimbing 1: Handar Subhandi Bakhtiar] [Pembimbing 2: Beniharmoni Harefa] [Penguji 1: Handoyo Prasetyo] [Penguji 2: Irwan Triadi] |
| Uncontrolled Keywords: | Measures; children aged 12; best interest of the child. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | ERVIYANTI ROSMAIDA |
| Date Deposited: | 13 Aug 2025 07:53 |
| Last Modified: | 13 Aug 2025 07:53 |
| URI: | http://repository.upnvj.ac.id/id/eprint/38229 |
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