Develop standardized jurisprudence guidelines

Oct 13, 2025 by magicalceylontours.com 139 views

The Unfairness of Justice: A Juridical Analysis of Punishment Disparities in Theft by Weighting by Children

Introduction

The Indonesian justice system has long been plagued by the issue of punishment disparities, particularly in cases involving children who commit criminal acts of theft by weighting. This phenomenon can be seen in two court decisions, namely Decision Number 76/Pid.Sus-Anak/2017/PN.MDN and Decision Number 81/Pid.Sus-Anak/2017/PN.MDN, where the judges' decrees show a significant difference despite the similar characteristics of the cases. This raises concerns about the fairness and consistency of the justice system, and the potential harm it can cause to the rights of children as perpetrators of criminal acts.

The Legal Framework for Child Actors

In Indonesia, the regulation regarding the criminal acts of theft by weighting by children is governed by Article 363 of the Criminal Code (KUHP) in conjunction with Law Number 11 of 2012 concerning the Criminal Justice System of Children. This law recognizes minors as legal subjects who require special protection, and the justice system is expected to meet the principle of justice by taking into account the interests and rights of children.

As a legal subject, children need to be treated differently compared to adults. This is reflected in the law that prioritizes rehabilitation and protection rather than repressive punishment. Therefore, the court's decision should reflect the protection of children's rights and try to minimize the disparity of criminalization.

The Judge's Authority in Deciding Cases

The judge has absolute authority in deciding criminal cases, including cases involving children. However, this freedom is not absolute and is subject to the limits regulated in the legislation. Judges must be guided by Law Number 48 of 2009 concerning Judicial Power, which states that the court must be free and not affected by the intervention of any party.

However, the flexibility of the judge often leads to the disparity of punishment, where the decisions taken can be different despite the situation and conditions of the case faced. This indicates that although judges have independence, a clear framework is still needed to reduce the difference in decisions in the same case.

Analysis of Criminal Disparity

In the analysis of the two exemplified decisions, it appears that although both cases involve children who commit criminal acts of theft by weighting, the resulting decisions are different. This disparity arises from the judge's assessment of the factors that affect the child's behavior, social background, and rehabilitation. For example, in decision number 76, the judge considers rehabilitation efforts and the future of the child, while in the decision number 81, more emphasis is placed on harder legal considerations.

This shows that the application of the Similia Similibus principle, which emphasizes that the same case should be decided in the same way, is not yet fully applied. Therefore, there is an urgent need to develop more standardized jurisprudence guidelines in deciding similar cases, especially those involving children, to ensure justice and legal certainty.

The Impact of Disparity on Children

The disparity of punishment in criminal acts of theft by weighting by children can have a significant impact on their lives. Children who are sentenced to harsher punishments may be more likely to experience trauma, anxiety, and depression, which can affect their mental health and well-being. On the other hand, children who receive lighter punishments may feel a sense of injustice and unfairness, which can damage their self-esteem and confidence.

Conclusion

The disparity of punishment in criminal acts of theft by weighting by children reflects serious challenges in the criminal justice system in Indonesia. Although there are laws that regulate protection for children, the application of the law often varies in court. Therefore, to achieve justice and legal certainty, it is essential for judges to consider the interests of children more and create guidelines that can reduce disparity in criminalization. This will not only provide a sense of justice for the perpetrators, but also for the community as a whole.

Recommendations

To address the issue of punishment disparities in criminal acts of theft by weighting by children, the following recommendations are made:

Develop standardized jurisprudence guidelines: The government should develop more standardized jurisprudence guidelines in deciding similar cases, especially those involving children, to ensure justice and legal certainty.
Increase transparency and accountability: The court should increase transparency and accountability in its decision-making process, including the publication of court decisions and the explanation of the reasoning behind them.
Provide training for judges: Judges should receive training on the application of the law and the principles of justice, particularly in cases involving children.
Establish a child-friendly justice system: The government should establish a child-friendly justice system that takes into account the needs and rights of children, including their right to be heard and their right to protection.

By implementing these recommendations, the Indonesian justice system can ensure that children who commit criminal acts of theft by weighting receive fair and just treatment, and that the disparity of punishment is minimized.
Frequently Asked Questions: Punishment Disparities in Theft by Weighting by Children

Q: What is the main issue with punishment disparities in theft by weighting by children?

A: The main issue is that the court's decisions in similar cases can be different, leading to unfair treatment of children who commit the same crime.

Q: What are the consequences of punishment disparities for children?

A: Punishment disparities can lead to trauma, anxiety, and depression in children, as well as damage to their self-esteem and confidence.

Q: What is the role of the judge in deciding cases involving children?

A: The judge has absolute authority in deciding criminal cases, including cases involving children, but must be guided by the law and the principles of justice.

Q: Why is it difficult to reduce punishment disparities in cases involving children?

A: The flexibility of the judge and the lack of standardized jurisprudence guidelines can lead to different decisions in similar cases.

Q: What is the Similia Similibus principle, and why is it important in cases involving children?

A: The Similia Similibus principle emphasizes that the same case should be decided in the same way. This principle is important in cases involving children because it ensures that they receive fair and just treatment.

Q: What are the recommendations to address punishment disparities in theft by weighting by children?

A: The recommendations include developing standardized jurisprudence guidelines, increasing transparency and accountability, providing training for judges, and establishing a child-friendly justice system.

Q: Why is it essential to consider the interests of children in the justice system?

A: It is essential to consider the interests of children in the justice system because they require special protection and care. The justice system should prioritize their rehabilitation and protection rather than repressive punishment.

Q: What is the impact of punishment disparities on the community?

A: Punishment disparities can damage the community's trust in the justice system and lead to social unrest.

Q: How can the government ensure that children who commit criminal acts of theft by weighting receive fair and just treatment?

A: The government can ensure that children who commit criminal acts of theft by weighting receive fair and just treatment by implementing the recommendations mentioned earlier and providing support to the justice system.

Q: What is the future of the justice system in Indonesia in addressing punishment disparities?

A: The future of the justice system in Indonesia in addressing punishment disparities is promising, as the government has taken steps to address the issue and implement reforms to ensure that children receive fair and just treatment.

Q: What can be done to raise awareness about punishment disparities in theft by weighting by children?

A: Awareness can be raised through education and outreach programs, as well as through media campaigns and public events.

Q: How can the public participate in addressing punishment disparities in theft by weighting by children?

A: The public can participate by advocating for reforms, supporting organizations that work with children, and raising awareness about the issue.

Q: What is the role of civil society in addressing punishment disparities in theft by weighting by children?

A: Civil society has a crucial role in addressing punishment disparities in theft by weighting by children, as they can provide support to children and families, advocate for reforms, and raise awareness about the issue.

Q: What is the next step in addressing punishment disparities in theft by weighting by children?

A: The next step is to implement the recommendations mentioned earlier and to continue to raise awareness about the issue, as well as to provide support to the justice system and to children and families affected by punishment disparities.