TINJAUAN YURIDIS NORMATIF TERHADAP PUTUSAN TENTANG PENGANIAYAAN YANG MENYEBABKAN MATINYA ORANG YANG DILAKUKAN OLEH ANAK (Studi Putusan Nomor 3/Pid.Sus-Anak/2024/PN MLG dan Putusan Nomor 4 /Pid.Sus-Anak/2024/PN MLG )

Children in conflict with the law (ABH) are becoming an increasingly worrying issue, especially when children are involved in criminal acts of abuse resulting in death committed by children such as the case that occurred in Batu City. The purpose of this study is to determine the basis for the consideration of the Judge's decision in issuing Decision Number 3 Pid.Sus Anak / 2024 / PN Mlg and Decision Number 4 Pid.Sus-Anak / 2024 / PN Mlg and to determine how the analysis of the judge's decision in case Number 3 Pid.Sus Anak / 2024 / PN and Decision 4 / Pid.Sus-Anak / 2024 / PN Mlg is in accordance with the provisions of applicable laws and regulations. The author uses normative research that focuses primarily on tracing written law, principles of doctrinal law, law from experts, judges' determinations, comparative law and legal systematics. Based on the results of the research and discussion, the absence of Litmas in the judge's considerations regarding this decision raises questions regarding the considerations and accuracy of the decision made by the judge considering the existence of Litmas in juvenile criminal justice after the indictment from the public prosecutor. While the basis for the judge's consideration in issuing this verdict is in line with the provisions in Article 70 of the SPPA Law which states that "The lightness of the act, the personal circumstances of the Child, or the circumstances at the time the act was committed or which occurred later can be used as the basis for the judge's consideration not to impose a criminal penalty or to impose measures by considering aspects of justice and humanity" then this law should provide space for judges to consider special aspects related to child perpetrators in conflict with the law.