ANALISIS SISTEM PEMIDANAAN EDUKATIF SEBAGAI ALTERNATIF DIVERSI TERHADAP ANAK PELAKU TINDAK PIDANA (STUDI KASUS DI PENGADILAN NEGERI TABANAN)

Abstract

This study aims to determine how the educational punishment system is as an alternative to diversion against children as perpetrators of criminal acts. This research was a normative empirical study by taking a case study at the Tabanan District Court. The object examined in this study was the criminal case of theft that occurred to children in the Tabanan District Court. In the case of criminal acts of theft committed by children in the Tabanan District Court as in the case Number 6 / Pid.Sus-Anak / 2018 / PN Tab the judge faced problems in conducting diversions, namely related to the requirements for diversion as referred to in article 7 paragraph (2) of the Judicial System Law Child. Based on these facts, judges continue to make efforts to provide an educational criminal system against children by entrusting children to the Social Institution Development to provide an opportunity for children to become good people again through non-formal channels by involving community resources. This certainly seeks to provide justice to cases of children who have already committed criminal acts up to law enforcement officials. The educational system of punishment must be the priority of the judge in giving decisions against children who are in conflict with the law. In the Judge's decision, of course, it does not only pay attention to the facts of the trial in making the decision, but what is no less important is to consider the impact of punishment that will be received by children who are in conflict with the law in relation to the verdict.