Penerapan Ancaman Sanksi Pidana Secara Kumulatif Terhadap Anak yang Berkonflik dengan Hukum

Abstract

This study aims to analyze the application of cumulative criminal sanctions against children in conflict with the law. Based on the data obtained, the offenses most frequently committed by children that entail cumulative sanctions are violations of the Child Protection Law and the Narcotics Law. The research employs a normative-juridical method. The findings indicate that in the judge's decision —specifically Case Numbers 24/Pid.Sus-Anak/2023/PN Tnn, 36/Pid.Sus-Anak/2024/PN.Plg, 28/Pid.Sus-Anak/2023/PN Lbp, 1/Pid.Sus-Anak/2022/PN Skb, and 13/Pid.Sus.Anak/2017/PN Mjk—the sanctions imposed were inconsistent or varied. This lack of uniformity is undoubtedly based on both legal and non-legal considerations. On one hand, judges imposed imprisonment and work training as prescribed by statute, reflecting a positivist judicial paradigm. On the other hand, some juvenile court judges imposed non-custodial sanctions—such as institutional guidance—or even imposed rehabilitative measures. This situation demonstrates that judges do not merely impose punitive sanctions; rather, they show a strong inclination toward the child offender and prioritize the fulfillment of the child's fundamental rights. Given this inconsistency in rulings, it is crucial to examine the judicial considerations underlying the imposition of differing sanctions on children.