The Effectiveness of Punishment for Children Perpetrating the Crime of Aggravated Theft from the Perspective of the Juvenile Criminal Justice System (Study of Decision No. 71/Pid.Sus-Anak/2025/Pn.Batam)

Abstract

This research The crime of aggravated theft is a form of crime that has elements of ordinary theft that are aggravated by certain circumstances or methods as regulated in Article 363 of the Criminal Code. However, this crime still occurs frequently and tends to be repeated, which indicates weak prevention and mitigation efforts. This research aims to empirically determine (Empirical Legal Research) the application of criminal sanctions against children as perpetrators of the crime of aggravated theft in the study of Decision No. 71 / Pid.Sus-Anak / 2025PN.Batam. This research uses a statutory approach as mandated in Article 28B paragraph (2) of the 1945 Constitution with data collection techniques used being literature studies or document studies and interviews. This approach is combined with a review of the principles of child protection and the concept of restorative justice which is the main basis for handling children in conflict with the law (the best interest of the child). Thus, this research is not only based on written norms, but also on humanitarian values and the social objectives of criminal punishment. The results of the study indicate that the criminalization of juvenile perpetrators of aggravated theft in practice is still ineffective, even though it is normatively regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which prioritizes a restorative justice and diversion approach. In its implementation, criminalization still tends to be repressive and prioritizes punishment over guidance and rehabilitation. This is due to the nature of the crime of aggravated theft as regulated in the Criminal Code which has a fairly severe criminal threat, thus limiting the application of diversion.