PENJATUHAN SANKSI PIDANA DALAM PROSES PENYELESAIAN PERKARA TINDAK PIDANA KEKERASAN TERHADAP ANAK DI BAWAH UMUR DI PENGADILAN NEGERI MALANG PADA PUTUSAN PERKARA (NOMOR 6/Pid.Sus-Anak/2022/PN.Mlg)

In writing this Final Project, the author takes a discussion about The Imposition of Criminal Sanctions in the Process of Solving Cases of Violent Crimes Against Minors at the Malang District Court Study of Case Verdicts (Number 6/Pid.Sus- Anak/2022/PN.Mlg). and also to find out the application of sanctions against cases of violence committed by minors related to the case verdict above. The research conducted to discuss the problems in this paper is to use empirical juridical research, using secondary, primary, tertiary data. With the data processing technique, namely analysis. So, the results of the research are as follows, in the process of resolving this case, the authorized party has carried out appropriately which in the process is carried out by means of restorative justice and also diversion which is stated in Law Number 11 of 2012 which contains the Juvenile Justice System in Indonesia applying the concept of Restorative justice, namely in the process of resolving juvenile crimes peace is sought between the victim and the child as the perpetrator to keep the child away from the stigma of society in the form of negative stigma as a former prisoner due to the criminal process, but it turns out that in the process the mediation and diversion that has been attempted fails. However, the sanctions obtained by the child in the settlement process are above the criminal sanctions by looking at Article 80 paragraph (1) Jo. Article 76C of Law of the Republic of Indonesia No.35 of 2014 concerning amendments to Law of the Republic of Indonesia No. 23 of 2002 which has been second amended by Law of the Republic of Indonesia. No. 17 of 2016 concerning Child Protection, Law No. 3 of 1997 concerning juvenile justice and Law No. 8 of 1981 concerning criminal procedure law and by looking at Law No. 11 of 2012 then, in imposing imprisonment on children as an ultimum remedium and punishment that can be imposed on children is a warning punishment, namely in the form of guidance in institutions, job training, community services with assistance. The author's suggestions in the process of resolving this case are as follows, to the judge in charge should prioritize returning the child to his parents to be educated for the welfare of the child in accordance with article 14 of Law Number 23 of 2002 concerning child protection because the purpose of juvenile justice itself is as a place to improve and prevent not only to punish.