Ratio Decidendi to Impose Sanctions in the Best Interests of The Child

Abstract

Law enforcement, in order to provide justice, must consider the benefits of imposing sanctions, especially on children, and prioritize the principle of the best interests of children. However, in practice, in imposing sanctions on children, judges have not optimally considered the benefits of imposing sanctions on children and have not prioritized the best interests of children because prison sentences are used more often than other alternatives, as in Article 71 paragraph (1) of the law. Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research method used is normative juridical, namely a type of library research, which is sourced from primary legal materials in the form of laws, secondary legal materials in the form of books in libraries, and tertiary legal materials sourced from, among others: the internet, journals to obtain norms and rules that support the implementation of research. It is hoped that the results of the research will mean that when imposing sanctions on children, judges must really consider the benefits of the sanctions imposed on children. Sanctions are imposed to prioritize the best interests of the child's future so that it does not create a stigma that could actually damage the child's future.