ANALISA YURIDIS PENJATUHAN PIDANA PENJARA TERHADAP ANAK PELAKU TINDAK PIDANA PERDAGANGAN ORANG DALAM PERSPEKTIF HUKUM INTERNASIONAL (Studi Putusan Nomor: 3/Pid.Sus-Anak/2023/PN.BKT)

This study aims to analyze the perspective of international law in the sentencing of children as perpetrators of human trafficking offenses, with a focus on Decision Number 3/Pid.Sus-Anak/2023/PN BKT. The research uses a juridical-normative approach with qualitative analysis methods on relevant international legal bases, such as the Convention on the Rights of the Child (CRC), The Beijing Rules, The Riyadh Guidelines, the Palermo Protocol, the Law on Human Trafficking (TPPO), the Child Protection Law, and the Juvenile Criminal Justice System Law (SPPA). In analyzing the decision, it was found that the judge's ruling, which imposed a prison sentence of 1 year and 6 months and a 2-month work training, did not fully consider the principles of child protection, particularly in terms of diversion and rehabilitation as reflected in international law. The researcher also highlights the potential criminalization of the child, which could harm the child’s social and psychological development and potentially violate the principle of the best interests of the child. This study shows that the judge's decision in the case has not fully accommodated international legal principles that emphasize the protection and rehabilitation of children as offenders. Therefore, the juvenile justice system needs to pay attention to diversion and restorative approaches in handling cases involving children in criminal acts, as well as improve training for law enforcement to apply relevant international principles. Thus, it is expected that law enforcement in Indonesia can prioritize the best interests of the child and reduce the potential negative impacts of a harsh judicial process on children as offenders.