| Summary: | This study tries to pick the subject matter settlement process handling juvenile crime
is murder committed by children under the age appropriate District Court Decision Number
11/PID/B/1999/PN/TBH Tembilahan Riau.
The purpose of this study was to determine the underlying factors, information and
knowledge of the operand modus that is done, and the implementation of the settlement
process in the juvenile criminal law enforcement of criminal homicide committed by children
under that age. This study is a normative legal research. The nature of this research is
empirical research. Research materials related documents obtained from the Tembilahan
District Court Decision No. 11/PID/B/1999/PN/TBH and interviews with relevant
informants.
The results showed that the implementation of children criminal justice under Law
No. 3 of 1997 on Juvenile Court in practice is still dominated by therapeutic approach, an
approach inspired by the judicial model of child development as individuals (individual
treatment model). Settlement of criminal cases of children with this model without the
support of adequate institutions tend to be less effective in preventing the occurrence of the
behavior of juvenile delinquents in the community. The factors causing crime murders
committed by children in the jurisdiction of the District Court Tembilahan assessed based on
an analysis of the Court Decision Number 11/PID/B/1999/PN/TBH, namely intelligence,
family, education, and association perpetrators. The modus operandi is done because of the
influence or messengers from other people/adults who are also perpetrators of murder and
other crimes. Implementation of the settlement deviates as stipulated in Law No. 3 Year 1997
on Juvenile Court. The judge did not use the research reports from the Advisor Community.
This is contrary to Article 56 of Law No. 3 of 1997. In Article 56 states that before the trial
opened, Judge ordered the supervisor to report the results of Community research community
about the child concerned. Report of the Supervising Social studies will greatly affect the
legal consideration for the judges.
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