BATAS MAKSIMAL PEMIDANAAN ANAK: MENAKAR TUJUAN HUKUM DAN URGENSI EFEKTIVITASNYA

Abstract

This study aims to analyze two primary aspects: firstly, the regulation of the maximum limit of criminal penalties applicable to juvenile offenders in Indonesia; and secondly, the legal concept of these limitations from the perspective of legal objectives such as rehabilitation, justice, and deterrence and the urgency of their effectiveness in juvenile sentencing practice. The method employed is normative‐legal research with a conceptual approach, analyzing the provisions of Law No. 11 of 2012 on the Juvenile Criminal Justice System together with legal scholarship and policy studies on juvenile sentencing. The results reveal that although the SPPA law stipulates that imprisonment for juveniles should not exceed half of the maximum adult penalty, significant challenges remain in achieving sentencing effectiveness that genuinely meets the legal objectives. The findings conclude that setting a maximum sentence for juveniles must be complemented by mechanisms for rehabilitation and social reintegration as well as evaluation of impacts on the child and society so that it does not remain purely formalistic. The study recommends that legal reform on juvenile sentencing consider sociological, pedagogical, and psychological aspects of children and reinforce non‐custodial approaches as a priority.