Application of Prison Penalty to Children in Conflict with the Law in the Criminal Act of Predictive Murder

Abstract

The case of premeditated murder committed by a child in Kalimantan which became the public spotlight because the perpetrator's child committed a very sadistic premeditated murder, where in this case the victim was a family consisting of a father, mother, and their three children. Then the level of cruelty in this case surprised many parties, considering that not only one but five lives were lost in a very brutal way. The formulation of the problem in this study is (1)How is the application of prison sentences to children in conflict with the law for the crime of premeditated murder?(2)Has the imposition of imprisonment for children in conflict with the law in the crime of premeditated murder fulfilled justice? The method used is normative law, using a statutory, case and conceptual approach. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System explains that if it is proven that a child (underage) has committed a crime of premeditated murder, the trial process is in accordance with applicable provisions while the penalty is ½ (one half) of the adult penalty and children cannot be subject to the death penalty and life imprisonment. The imposition of imprisonment for children in conflict with the law in the crime of premeditated murder is considered not to fulfill the sense of justice for the general public, especially for the victim.The provision has caused controversy and debate among the public and legal experts. Many argue that the 10-year prison sentence is disproportionate to the seriousness of the crime committed, especially considering the extraordinary impact of losing five lives at once.