Peranan Jaksa Penuntut Umum Dalam Melaksanakan Penuntutan Terhadap Anak Pelaku Tindak Pidana Pencurian Dengan Pemberatan (Studi Di Kejaksaan Negeri Badung)

Abstract

Children are the nation's future generation and play a strategic role, requiring special protection, including when facing the law. However, social and economic inequality often leads to criminal acts involving minors. The prosecution process for child perpetrators of aggravated theft is regulated in Article 477 of the New Criminal Code. The position and role of the Prosecutor's Office are comprehensively regulated in Law No. 11 of 2021 concerning the Indonesian Prosecutor's Office, Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), and the Criminal Procedure Code. The Public Prosecutor (JPU) acts asthe owner of the disputewhich not only carries out retributive prosecution functions, but is obliged to prioritize a legal approachrestorative justiceand the best interests of the child. Handling of child cases faces technical operational obstacles (case files going back and forth due to minimal coordination with investigators and the absence of witnesses or victims) as well as formal legal obstacles in Article 7 paragraph (2) of the SPPA Law. he limitation of the criminal threat of "under 7 years" closes the opportunity for diversion for aggravated theft cases, ev