Problematika Kesepakatan Perdamaian Terhadap Pemidanaan Anak Berkonflik Hukum

Abstract

Handling of Children in Conflict with the Law (ABH) currently still focuses on resolution in court and results in imprisonment. In fact, several sources have shown that children in conflict with the law (ABH) usually have their behavior influenced by several factors. Factors that influence children's behavior in committing criminal acts need to be considered thoroughly. The choice to use imprisonment in cases of Children in Conflict with the Law (ABH) has a psychological impact on Children in Conflict with the Law (ABH), even in cases where there has been a peace agreement between the Child Victim and the Child in Conflict with the Law (ABH), imprisonment remains the main option used in law enforcement practices against Children in Conflict with the Law (ABH), as found in Decision no. 4/Pid.Sus-Anak/2020/PN Cbi. This research aims to examine this. The author uses a normative juridical approach method, with descriptive analytical research specifications and qualitative juridical analysis methods. The research results show that efforts that must be made to maximize the avoidance of ABH from the use of prison sentences are to minimize the use of prison sentences for children and use a restorative justice approach. In addition, the government and the DPR can present a criminal policy that is not solely oriented towards imprisonment in order to overcome the problem of prison overcapacity.