TINJAUAN YURIDIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN DILAKUKAN OLEH ANAK DI KABUPATEN KUANTAN SINGINGI (BERDASARKAN STUDI PUTUSAN : 6/PID.SUS-ANAK/2024/PN.TLK)

Abstract

This study aims to examine legal issues, which are divided into two main problems: first, how the law is enforced in cases of theft committed by minors based on the court decision Number 6/Pid.Sus-Anak/2024/PN Tlk; and second, how judges consider cases involving theft committed by minors at the Teluk Kuantan District Court, based on the court’s decision.The research employs a sociological method with an empirical approach, directly observing the application of law in practice. Data were collected through the study of Decision Number 6/Pid.Sus-Anak/2024/PN Tlk, as well as observations at the Kuantan Singingi Police Department, the Kuantan Singingi District Prosecutor’s Office, and the Teluk Kuantan District Court.The results indicate that law enforcement efforts have been carried out properly, including the stages of investigation, inquiry, prosecution, and judicial decision. From the three law enforcement institutions involved, the child who committed theft with aggravating circumstances was charged under Article 363 paragraph (2) of the Indonesian Criminal Code (KUHP), in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In this case, diversion could not be applied because the child had repeatedly committed theft.The analysis focuses on the judge’s considerations in determining the verdict. The judge took into account both juridical and non-juridical elements, as well as other relevant legal provisions. The judge also considered aggravating circumstances; therefore, the sentence imposed was relatively light—four months of imprisonment at the Pekanbaru Juvenile Correctional Institution (LPKA).This analysis includes an assessment of the conformity of the court’s decision with the provisions of the juvenile criminal justice system, the qualification of the criminal act, and the impact of the aggravated sentence on the child involved. This study is important to understand the implementation of fair law enforcement that protects the rights of children within Indonesia’s criminal justice system.