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Taufiq Akbar Al Falah

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the implementation of community service as an alternative short-term punishment in the context of the reform of Indonesian criminal law through Law Number 1 of 2023 on the Criminal Code (KUHP). Criminal law reform is necessary to address issues such as the overcapacity of correctional facilities and the need for adaptive legal frameworks. Using a prescriptive normative approach, this research identifies the philosophical, legal, and sociological foundations underlying the implementation of community service. The findings indicate that the application of community service aligns with the principles of restorative justice, legal effectiveness, and the social reintegration of offenders. These findings support the idea that community service can be a humane, efficient, and beneficial alternative for society.

Dadan Ramlan

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

General elections for regional heads are a means of democracy to obtain regional heads based on the principles of direct, general, free, confidential, honest and fair elections. In the general election process for regional heads there are 4 (four) types of handling violations, in this case criminal election violations, administrative violations. Elections, Violations of the Code of Ethics and other Violations of Laws, in implementing Violation Handling must pay attention to the principle of equality before the law that all people must be treated equally before the law. This principle is one of the important principles in Indonesia as a rule of law. equality before the law must be implemented There is no exception in the process of handling campaign violations at places of worship during the regional general election process, but in reality there are differences in legal sanctions applied to election participants at the provincial and district or city levels related to campaign violations at places of worship.

Himawan Azri Lubis; Bonanda Japatani Siregar

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Rape is a criminal act by means of violence, threats and forcing the will on others, to commit an act that violates the rules, rape is often committed by someone by forcing others to have intercourse with threats and violence. In rape, many become victims, where almost all victims lack the courage to defend themselves so that it is easy for someone to commit rape. As in article 285 of the Criminal Code. The type of research used is normative juridical and empirical juridical. Normative juridical research is legal research that places law as a building of a norm system. The norm system in question is regarding the principles, norms, rules of laws and regulations, agreements and doctrines (teachings). This research was conducted on secondary data such as laws and regulations, scientific journals, law books related to the law of cooperation agreements and agencies. While empirical juridical research is research that has an object of study regarding community behavior. The behavior of the community studied is behavior that arises as a result of interacting with the existing norm system. The interaction emerged as a form of public reaction to the implementation of a positive legal provision and can also be seen from the behavior of the community as a form of action in influencing the formation of a positive legal provision. Empirical legal research in writing this thesis was conducted through direct interviews with the Sei Rampah District Court, Serdang Bedagai Regency. Research Results A. Imposition of sanctions on perpetrators of rape in the decision of the Serdang Bedagai District Court Number 511 / Pid.Sus / 2022 Pn Srh. Sentencing the Defendant therefore to imprisonment for 14 (fourteen) years and a fine of Rp1,000,000,000.00 (one billion rupiah) with the provision that if the fine is not paid it is replaced with imprisonment for 2 (two) months; B. Regulation of criminal acts of indecency in laws and regulations. Article 281 of the Criminal Code Threatened with a maximum imprisonment of 2 years and 8 months or a maximum fine of Rp4.5 million: C. Obstacles faced in protecting victims of indecency against women and steps. The obstacles experienced are in the form of a protracted legal process (undue delay), evidence, the absence of articles regulating certain sexual crimes, intimidation from the perpetrator, and lack of support from the victim's closest environment.  

Mohamad Rizki Ntou

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This study aims to find out about . What are the legal provisions for determining suspects as pretrial objects in criminal law and b What are the legal implications for re-determination of suspects after being canceled by a pretrial decision. The data collection method in this study was carried out by literature study, which is a way of collecting data by searching and studying library materials (literature, research results, scientific magazines, scientific bulletins, scientific journals, etc.). Legal materials are collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials according to research problems. Therefore, the data collection technique used in this study was a literature study. The results of the study show that pretrial is a new thing in the life of law enforcement in Indonesia, has a goal to be upheld and protected, namely protecting the rights of suspects at the level of investigation and prosecution or preventing the arbitrariness of law enforcement officials against someone who is undergoing a legal process and To guarantee the protection of human rights and for law enforcers to carry out their duties consistently, the Criminal Procedure Code establishes a new institution called pretrial. Seeing the contents of the decision as referred to in Article 82 paragraph (3) of the Criminal Procedure Code, that there are 3 (three) types of implementation of pretrial decisions: committing certain acts, paying an amount of money and providing rehabilitation. The legal basis for pretrial authority in deciding the suspect's determination is found in the Constitutional Court (MK) decision No. 21/PUU-XII/2014 which states that the determination of the status of a suspect is included in the object of pretrial and also in its ruling that Article 77 of the Criminal Procedure Code is contrary to the 1945 Constitution and does not have binding legal force as long as the pretrial is not interpreted including determination of suspects, searches , and confiscation. Meanwhile, the background to the addition of pretrial authority in deciding the determination of the suspect is that the determination of the suspect's status is the end result of the investigation activities carried out which are none other than the object of pretrial. Criminal acts after the status of the determination of the suspect is declared invalid in the pretrial decision are basically still valid. Examination in pretrial cases is only in the administrative area of the investigative process. Often the Pretrial decision which cancels the determination of the suspect by the investigator, is based.

Adinda Zahra Septiany Rusdiono; Fadillah Nurul Fitriani; Hendra Rizki Taruna; Putri Adelia Anjani; Tugimin Supriyadi

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the legal world, suspect, accused and convict are terms that have meaning. Legal protection is a form of effort to protect society from arbitrary actions by covering several important aspects aimed at ensuring a fair process is obtained. Based on what is stated in Article 1 Number 14 of the Criminal Procedure Code regarding those who are called suspects, Article 1 Number 15 of the Criminal Procedure Code for those who are declared defendants and Article 1 Number 32 of the Criminal Procedure Code regarding those who are declared convicts. This research uses a literature review method by exploring various literature related to the research topic.  

Dibi Vation Manik; Yasmirah Mandasari Saragih; Fauzan Fauzan; Eka Suwirza; Romy Rohadi Saragih

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Law Number 1 of 2023 concerning the Criminal Code (KUHP) is an important milestone in criminal law reform in Indonesia. This study aims to analyze the innovations presented in the new Criminal Code and the challenges of its implementation. Therefore, based on the legal reform through the latest Criminal Code, it can be seen what the reforms in criminal law are according to Law Number : 1 of 2023 concerning the Criminal Code, why Law Number: 1 of 2023 concerning the Criminal Code needs to be reformed, and how the implementation will be in the future in the application of Law Number: 1 of 2023 concerning the Criminal Code. This study uses a juridical-normative method with a statutory and conceptual approach, this study found that the new Criminal Code introduces the concept of restorative justice , recognition of customary law, and protection of vulnerable groups as a step towards modernization. However, its implementation faces challenges, such as the readiness of law enforcement officers, harmonization of customary and national law, and the potential for misuse of articles that are considered controversial. Nevertheless, the new Criminal Code has the prospect of strengthening Indonesia's criminal law system if supported by strict supervision, training of law enforcement officers, and involvement of various stakeholders. This reform is expected to create a legal system that is fairer, more responsive, and more relevant to the needs of society.  

Nyoman Fitriyatun Naziroh; Syarifuddin Syarifuddin; Heriyanto Heriyanto

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The criminal act committed by the perpetrator of premeditated murder is a very heinous act, because the perpetrator has the heart to kill for certain reasons even though he committed an act that is against the law. Criminal liability for the perpetrators of murder, especially premeditated murder, must be enforced. The problem in this study is how to regulate premeditated murder in Indonesia, the factors that cause the crime of premeditated murder and criminal liability for the perpetrators in the crime of premeditated murder. This study uses a normative juridical research method that collects literature data, namely laws and regulations, law books, judges' decisions, mass media and scientific journals related to the problems discussed in this thesis. The results of the research and discussion in this study are regarding the regulation of premeditated murder in Indonesia, which is listed in article 340 of the Criminal Code, the factors that cause premeditated murder are the revenge factor, personal factor, (mental disorder) situational factor, opportunity factor, willingness factor and criminal liability for the perpetrator in the crime of premeditated murder by looking at the elements of the act of resisting or violating law, the willingness of the defendant to be responsible, the element of guilt, the absence of justifying reasons and the reason for forgiveness are punished with the threat of the death penalty or life imprisonment or a maximum penalty of twenty years.

Noviatul Hasanah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Fornication is all acts related to sexual life that violate decency (decency) including sexual intercourse outside of marriage. The Criminal Code classifies criminal acts of sexual abuse where the victim is a child. Children are the younger generation and potential human resources, therefore perpetrators of criminal acts of sexual abuse against children must be subject to appropriate punishment. The focus of the study in this research is to find out the side of justice in the decision of the panel of judges which is not in accordance with the actions of the defendant (Decision Study Number 07/Pid.Sus.A/2023/Pn Byw) case study of Banyuwangi Regency from the demands of the public prosecutor to the decision of the panel of judges what was imposed on the defendant was in accordance with the defendant's actions. From the results obtained in this research, the public prosecutor in his demands did not match the defendant's actions. The author feels that the panel of judges and public prosecutors in their decision gave criminal sanctions to the defendant that were not in accordance with the defendant's actions, because the perpetrator had more than one case.

Hindriyani Hindriyani; Heriyanto Heriyanto

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The crime of murder is a crime that can cause the death of a person, this is committed individually and violates the applicable provisions of the Criminal Code Book II Chapter XIX (articles 338-350). Basically, murder is carried out with an element of intent. Deliberation is a subjective element in a criminal act, because this element is inherent in the subject or perpetrator of the crime. This means wanting or knowing what will be done. Therefore, in murder there must be evidence in order to determine whether a person is guilty or not in committing the crime of murder by collecting legal evidence according to the applicable law. Furthermore, the method used in this case is a normative juridical approach, which is carried out through literature books, journals, articles, as well as statutory regulations related to the problem to be discussed. Legal considerations in imposing a sentence on the perpetrator of the crime of intentional murder, because the circumstances were aggravating and the defendant caused the victim to die and the defendant's actions disturbed the community. Thus, the punishment given by the state is solely to change the perpetrator to become better, and at the same time provide education to improve themselves.

Moh. Nuruddin; M. Sholehuddin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The settlement of carok as part of Madurese society is very important to analyze. This study aims to determine the social impact on the families of carok perpetrators in the perspective of criminology. The second objective is to determine the role of community leaders and the police in minimizing threats and taking preventive action against the families of carok perpetrators in Madura. The research method used in this research is the type of empirical legal research. The results showed that: First, from a criminological perspective, carok can be categorized as a crime. Carok in this case can be subject to articles of the Criminal Code related to crimes against the body and crimes against life. According to labeling theory, families of carok perpetrators are usually labeled by the community as families of criminals who are usually dubbed as “Kaloarga Tokang Carok”. Second, Kiai in carok cases plays a role in reconciliation and mediation efforts between the families of carok perpetrators and the families of carok victims to minimize threats to the families of carok perpetrators. The Sampang Police, among others, conducted counseling with the perpetrator's family and collaborated with community leaders.

Anes Sefta Asmita

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Restorative Justice is an alternative dispute resolution outside of criminal penalties, in other words, it is resolved through familial means and also aims to repair the relationship between the perpetrator and the victim. Recently, the application of restorative justice has been found in the field, which has become the main basis for resolving criminal cases of rape committed by police officers by filing an appeal in the appellate court, so that the police officer who is the perpetrator of the rape, named Bripda Fauzan (FA), who was previously subjected to the sanction of dishonorable dismissal (PTDH) in the Police Ethics Code Commission session, was not dismissed on the grounds that the rape case was considered resolved after the perpetrator married the victim. However, some time after the appeal decision, the perpetrator was reported again for allegedly neglecting his wife, who is the victim of the rape he married, which will be further examined in this research regarding the cause of Bripda Fauzan (FA) leaving his wife. This study aims to provide a real view of the application of restorative justice as the main basis for resolving rape cases, the method used in this journal is a normative juridical research method with literature studies and looking at empirical facts in the field through news circulating on the Internet media regarding rape cases by police members who are considered to have been completed after marrying the victim. The settlement of rape cases carried out by police members with restorative justice has tarnished the credibility of police institutions that do not seem to understand the fatality of sexual violence cases with the application of restorative justice in cases that have a major impact.

Gilang Gemilang; Sumarno Sumarno; Suci Ramadhani

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

The rampant corruption that continues to be demonstrated by public officials makes it seem as if the law has run out of ways to overcome it. And corruption is a type of crime that is only committed by people who have high intellectual capacity and ability. They continue to try how to avoid corruption crimes, so one of the methods they use is the pattern of giving gifts which is actually intended as a form of bribery. This study analyzes the concept of bribery and gratification and the parameters that differentiate between the two as regulated in several Articles of the Corruption Eradication Law. This involves the application of normative legal research supported by court decisions to clarify the differences. The results of this study indicate that bribery requires a meeting of minds between the bribe giver and the bribe recipient which is not found in the decision . The reporting mechanism and reversal of the burden of proof do not apply to bribery while the sting operation does not apply to gratification because it cannot meet the provisions of Article 1 number 19 of the Criminal Procedure Code. Criminal sanctions are also imposed on both the giver and the recipient of the bribe, while the act of the giver of gratification is not a criminal act. Keywords: reversal of burden of proof, caught red-handed, reporting mechanism .

Gilbert Immanuel Gultom; Tardip Panggabean; Erna Amalia

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Based on Article 351 (Paragraph 1) of the Criminal Code on ordinary persecution where in this article persecution is divided into three parts, namely ordinary, mild and severe persecution as in the case that I took to make this thesis with case number 2/Pid.B/2019/PN. In this case, the panel of judges sentenced the perpetrator of persecution to 10 months imprisonment, while the sentence that should have been imposed on the perpetrator of ordinary persecution was 2 years and 8 months by considering various kinds of evidence and factors of persecution, This study aims to analyze cases of persecution that refer to Article 351 of the Criminal Code (KUHP) in Indonesia.  In this analysis, we identify the elements necessary to determine whether an act can be classified as maltreatment under Article 351 of the Criminal Code.  This research involves a case study and analysis of the Depok district court decision, as well as referring to applicable laws and regulations.  The results of this analysis may provide a better understanding of the application of Article 351 of the Criminal Code in cases of maltreatment and its implications for the criminal justice system in Indonesia.   Keywords: Maltreatment under Article 351 of the Penal Code

Gilang Gemilang; Sumarno Sumarno; Suci Ramadhani

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The police are a civil public intermediary that regulates order and law. Police officers as state servants must uphold humanitarian values ​​and be an example for society. As stated in the oath and promise of members of the Indonesian National Police. This is stated in the opening of the code of ethics of the Indonesian National Police profession. According to Law Number 2 of 2002 concerning the Indonesian National Police. The function of the police is one of the functions of the state government in the field of maintaining public security and order, law enforcement, protection, shelter, and service to the community. The problem raised is the working relationship between police function units in disclosing criminal acts at the Medan Helvetia Police. The method used in discussing the formulation of the problem is normative legal research. Normative legal research is an approach carried out based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. The working relationship between the police functional units in disclosing criminal acts at the Medan Helvetia Police, namely starting from the SPKT Unit of the Medan Helvetia Police coordinating with the police functional units at the Medan Helvetia Police to conduct a crime scene check (TKP); the Samapta Unit carries out security around the house object; the Intelkam Unit conducts an investigation into the case, collects information or (Pulbaket); the Criminal Investigation Unit conducts an in-depth investigation at the crime scene; the Traffic Unit regulates traffic around the crime scene; the Binmas Unit coordinates with the Head of the Environment and local sub-district and the Samapta Unit of the Medan Helvetia Police carries out patrols in the area. Meanwhile, the factors that hinder the working relationship between the police functional units in disclosing criminal acts at the Medan Helvetia Police are external factors such as the lack of public knowledge of the importance of handling the crime scene (TKP); time factors; weather factors. While internal factors consist of being less careful or careless towards an object; lack of facilities and infrastructure for officers; quality of identification officers; facilities and infrastructure.

Ni Made Noviana Wulandari; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Document forgery is one of the criminal offenses that can damage the integrity of the legal system, affect public trust, and disrupt social order. This study aims to review the criminal law regulation related to document forgery in the Criminal Code (KUHP) and identify challenges in law enforcement. Based on the analysis of Articles 263 and 264 of the Criminal Code, it is found that criminal law in Indonesia has clearly regulated document forgery, by providing criminal sanctions to perpetrators who create, alter, or use fake documents for fraudulent purposes. However, the implementation of criminal law related to document forgery cases still faces various obstacles, such as limited evidence and the development of information technology that requires regulatory adjustments. Therefore, efforts are needed to strengthen the law enforcement system, improve legal education to the public, and adjust the rule of law to technological developments. This research provides suggestions to improve the efficiency of handling document forgery cases through strengthening coordination between legal institutions and updating relevant regulations.

Duwini Irawati; Grahadi Purna Putra

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Law enforcement against perpetrators of child sexual abuse is a crucial issue in the criminal justice system. In the context of criminal law, child sexual abuse is categorized as a serious crime that harms victims physically, psychologically, and socially. The effectiveness of law enforcement can be seen from several aspects, including the existence of strict regulations, implementation of the law by law enforcement officers, and restoration of victims' rights. Criminal law in Indonesia has provided protection through statutory regulations such as Law Number 35 of 2014 concerning child protection, Law Number 12 of 2022 concerning criminal acts of sexual violence and the Criminal Code (KUHP). Criminal law in Indonesia has provided protection through regulations that regulate severe sanctions against perpetrators of sexual abuse, including imprisonment and fines. However, challenges in its implementation often arise, such as weak supervision, lack of evidence, or cultural barriers that prevent victims from reporting. The often protracted judicial process is also an obstacle to providing fast and effective justice. The effectiveness of law enforcement also depends on the synergy between law enforcement officers, the community, and the government. Preventive efforts through education and public awareness campaigns can reduce crime rates, while strict punishments for perpetrators are expected to provide a deterrent effect.

Dhea Salsa Fadhila; Helida Alfatarin Edib Hanum; Rahma Rini Khalisa Firdausi; Najwa Alya Ristiani; Chammellia Annastasya Melati +1 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual harassment is a behavior with sexual connotations that is done without the consent of the intended person, including various forms such as physical, verbal, and non-verbal. In Indonesia, verbal sexual harassment such as catcalling is common but less recognized by society. Catcalling, which is often directed at women, is often considered trivial and not seen as a form of criminal offense. In fact, this act can have a serious psychological and emotional impact on the victim. Although there is still a lack of understanding about the Sexual Violence Law, it is hoped that this law can provide legal protection for victims. The Criminal Code (KUHP) also regulates crimes of decency, but non-physical sexual harassment has not been specifically regulated, making law enforcement difficult. The problem of lack of legal awareness and the lack of regulations related to verbal sexual harassment are the main obstacles in providing protection to victims. From the above problems, the formulation of the problem to be sought is how the implementation of the law against the perpetrators of catcalling and whether the criminal law in Indonesia has been good enough in dealing with the criminal act of catcalling as a form of sexual harassment. This research was conducted using qualitative methods and inductive research, and research using deductive methods, and using an empirical juridical approach.

Ilma Azzahra Kurniawan; Slamet Tri Wahyudi; Supardi Supardi

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of writing this thesis is to find out about the Judge's considerations in issuing a Niet Ontvankelijk Verklaard (NO) verdict on domestic violence cases in military courts and to find out how the verdict should be issued on domestic violence cases in military courts. The type of research used is normative legal research because in this study the author focuses on the inconsistency between the expected conditions that have been regulated in the law and the reality that actually occurs, where this study uses a legislative approach, a case approach, and a conceptual approach. The conclusion of this study is that the Judge's consideration in issuing a Niet Ontvankelijk Verklaard (NO) verdict on domestic violence cases in military courts is because the victim has withdrawn her complaint before the main case examination, even though the withdrawal of the complaint violates Article 75 of the Criminal Code, the Judge still grants the request because the Judge uses the Supreme Court Decision Number 2238 K / Pid.Sus / 2013 dated March 5, 2014 and the Supreme Court Decision Number 1600-K / Pid / 2009 and the Judge prioritizes the value of justice in resolving the case and uses the principles of fast, simple, and low-cost justice. Because the Niet Ontvankelijk Verklaard (NO) verdict is not known in criminal cases, in the author's opinion, ideally the Judge should issue a suspended sentence because the type of suspended sentence is also a type of punishment and is not at all an acquittal or deletion, while the existence of a probationary period that has been determined by the Judge aims to educate the perpetrator to be more careful and able to improve themselves

Witasya Aurelia Sulaeman; Handar Subhandi Bakhtiar

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

When it comes to crime, evidence is an issue that plays an important role in the legal process. This evidence determines the fate of the accused. In the event that the results of the examination of evidence based on the evidence provided by law are not sufficient to prove the guilt of the accused, if the guilt of the accused can be proven based on evidence, the accused is acquitted. According to Article 184 of the Criminal Procedure Code, a defendant must be punished first before being sentenced. Expert testimony is valid evidence, and Visum et Repertum can also be used as evidence to replace a manuscript in the form of a letter because Visum et Repertum is one aspect of the role of experts and/or expert testimony, so the relationship between the two cannot be separated. This study aims to determine the role of forensic legal experts in proving the cause of death and the position of evidence to reveal the cause of death of the victim. The method used in this study is normative legal research, using a statute approach and a case approach. The results of this study indicate that the role of forensic legal experts and the regulation of criminal law based on the evidentiary power of the visum et repertum in proving the cause of the victim's death.

Erva Yunita; Handar Subhandi Bakhtiar

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The author in writing raised the case on Decision Number: 9/Pid.Sus.A/2019/PN.Bkl, where the defendant Ropik Bin Sukkur was found guilty of committing the crime of theft of a blue and white Beat motorcycle for his actions, the defendant was sentenced to 3 (three) years. three) months and did not get a diversion attempt. For this reason, the author will examine how the criminal imposition of criminal acts of theft of article 363 of the Criminal Code committed by minors in terms of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and how the judge's considerations in imposing a crime against the perpetrators of the crime of theft of article 363 of the Criminal Code in terms of the perspective of restorative justice, the research method used in this author is the normative juridical method of library law research carried out by researching library materials or secondary data, sentencing refers to the theory of relative punishment where the purpose of sentencing is as a means of improvement for the accused. itself, while the judge's considerations refer to two aspects, namely juridical and non-juridical aspects, juridical aspects refer to Article 362 of the Criminal Code and noin juridical refers to mitigating and aggravating matters.