The Analysis of Prison Penalty for Children in Perspective on the Theory of the Purpose Punishment

Abstract

This study aims to analyze the purpose of the basic considerations of judges in imposing sanctions imprisonment for children offenders and the suitability of the basic considerations of judges in imposing prison penalties in the perspective of the objective theory of punishment. This research is a normative legal research completed with empirical data, which uses a legal approach, a case approach, and a conceptual approach. The results of the study show that imprisonment is still the choice of imposing sanctions for children by judges if the child is given another criminal sanction, the execution of the results of the decision does not support because of the unavailability of facilities and infrastructure, in this case, LPKA (Special Child Development Institution), LPAS (Temporary Child Placement Institution), or LPKS (social welfare management agency) from social institutions provided by local government; (2) in the verdict analyzed, the judge in imposing sanctions of imprisonment is still intended as retaliation (deterrent effect).