PENGARUH PENELITIAN KEMASYARAKATAN TERHADAP PUTUSAN HAKIM DALAM MEMUTUS PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM (Studi Balai Pemasyarakatan Kelas II Ternate)

Abstract

This study has the purpose or objective to understand and answer every problem of the legal standing of community research on judges' decisions in deciding cases of children in conflict with the law. And to determine the influence of legal substance, legal structure and legal culture on judges' decisions on recommendations of community research on cases of children in conflict with the law. The Community Guidance Report for the benefit of the trial includes matters such as: personal data of the child, family, education, and social life; background of the crime; the condition of the victim in the event that there is a victim in a crime against the body or life; other matters deemed necessary; diversion minutes; and conclusions and recommendations from the community guidance counselor. Community Research is considered the most important element in protecting the interests of children. As stipulated in Article 60 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA), it is stipulated that Judges are required to consider the community research report from the Community Guidance Counselor before making a decision on a case, and in the case of the community research report. However, in several decisions of juvenile judges, the community research report has not been used effectively. This not only deviates from the provisions of the SPPA but is also very detrimental to children's rights.