Penerapan Hukum Pidana Terhadap Anak sebagai Pelaku Tindak Pidana Kekerasan: Analisis Yuridis-Empiris atas Putusan Nomor 2/PID.SUS-ANAK/2025/PN BAN pada Pengadilan Negeri Bantaeng

Abstract

This study aims to analyze the causal factors, legal application, and challenges faced by law enforcement officials in handling children as perpetrators of violent offenses through a case study of Decision Number 2/Pid.Sus-Anak/2025/PN Ban at the Bantaeng District Court. This study employs a descriptive qualitative approach with a juridical-empirical design. Data were collected through in-depth interviews with a judge and the registrar of the Bantaeng District Court, observation of the diversion deliberation, and documentary analysis of the court decision and relevant legislation. The data were analyzed descriptively and qualitatively, with validity examined through source and technique triangulation. The findings indicate that the violent offense committed by the child was influenced by the interaction of family, peer-environment, educational, economic, technological and social-media, psychological, weak social-control, and poverty-related factors. The legal response was implemented through diversion under Law Number 11 of 2012 and Government Regulation Number 65 of 2015, resulting in a peaceful settlement without proceeding to the examination of the merits. The main challenges included resistance from the victim’s family, public demands for harsher punishment, and the complexity of determining age thresholds and criminal penalties eligible for diversion. This study recommends strengthening law enforcement capacity, optimizing professional assistance, and increasing public education on the best interests of the child.