Criminal Liability in Mob Attack Crimes Committed by Children Resulting in Death (A Case Study of Decision Number 22/Pid.Sus-Anak/2018/PN Smg)

The rise of children committing acts against the law that occur in society is a social indication that disrupts community life. One of the crimes against children that has occurred in the jurisdiction of the Semarang District Court with Decision Number 22/Pid.Sus-Anak/2018/PN Smg as the child who is the perpetrator of the crime of beating by a child which results in death. For the actions committed, the judge imposes prison sentences on children with imprisonment for 4 months. The purpose of this study is to determine criminal responsibility in the crime of beatings by children which results in death, as well as the legal basis for judges in imposing criminal decisions on criminal liability in the crime of beatings by children which results in death in Case Decision Number: 22/Pid.Sus-Anak/2018/PN Smg. The type of research used is normative juridical research with a statutory approach and a case approach, which is supported by data obtained from library data including books, laws and regulations, and court decisions. Data were collected from secondary data sources and primary data sources, where secondary data were obtained from library materials to support or add insight into information, while the primary data source was in the form of additional supporting data from interviews. Based on the results of the study, criminal responsibility in the crime of beatings by children which resulted in death can be seen in the provisions in Article 170 paragraph (2) of the 3rd Criminal Code by following the provisions of imprisonment in Article 79 of the SPPA Law. Children are punished with the threat of ½ (half) of the provisions of Article 170 paragraph 2 3 of the Criminal Code.


INTRODUCTION
"With the advancing times, there is a growing number of criminal cases occurring in the Unitary State of the Republic of Indonesia, particularly in the city of Semarang.According to the Central Java Central Bureau of Statistics, the reported crime cases in Semarang in 2018 amounted to 1,027, and in 2019, it increased to 1,554 (jateng.bps.go.id/statictable, 2021).The rising number of criminal cases in Semarang not only involves adults but also includes children who come into contact with the law.Based on Article 1 paragraph (2) of Law Number 11 of 2012 Regarding the Juvenile Justice System, a child in contact with the law is defined as a child in conflict with the law, a child who is a victim of a crime, and a child who is a witness to a crime (Pribadi, D. 2018).
Children are the future generation of the nation who must receive protection and welfare.The definition of a child is regulated in Article 1 paragraph 3 of Law Number 11 of 2012 concerning the Juvenile Justice System, which states that a child in conflict with the law, hereinafter referred to as a child, is a child aged 12 (twelve) years but not yet 18 (eighteen) years who is suspected of committing a crime.
The increasing occurrence of children engaging in unlawful activities in society is a social indication that disrupts communal living.Immoral actions such as mob attacks, murder, theft, and others are currently being carried out by children.Children engaging in mob attacks constitute a form of collective violence that occurs in public, resulting in injuries and even fatalities.As stated in Article 1 number 2 of the Juvenile Justice System Law, a child who is a victim of a crime, a child in conflict with the law, and a child who is a witness to a crime are referred to as children in contact with the law." The criminal responsibility of children differs from that of adults.The difference in accountability between children and adults lies in the fact that adults are held accountable for their actions solely according to the provisions of the Criminal Code (KUHP), while children are held accountable for their actions under the Criminal Justice System for Children, as aligned with the provisions of Law Number 11 of 2012 concerning the Juvenile Justice System (Kusumawati, A. R. I., Dewi, A. A. S. L., & Suryani, L. P. 2022).
A child who has committed a crime and received a criminal sanction may encounter difficulties in obtaining a second chance for two main reasons.First, the child may have experienced poor parenting and a negative environment, hindering their ability to develop positively.Second, the child may face challenges in self-improvement due to imprisonment and the associated stigma.Therefore, the criminal justice system for children must be distinct from that for adults, particularly when the justice system becomes the last alternative for punishment against a child.
The differences in treatment and penalties outlined in Law No. 11 of 2012 are intended to provide greater protection and care for children, allowing them to plan for a better future.
Additionally, these distinctions aim to offer children the opportunity for mental and moral guidance, social readiness, and the development of independence, responsibility, and usefulness for themselves, their families, communities, the nation, and the state (Afifah. W.,2014).
The government has also enacted Law No. 23 of 2003, which has now been amended to Law No. 35 of 2014 concerning Child Protection.This law explicitly emphasizes that children are the successors of the nation's future and must be guaranteed protection from all forms of violence and discrimination (Rahman, R. (2017).
The criminal act of mob assault committed by a child refers to an individual who is under the age of 18 engaging in a collective act of violence in public, disrupting public order, and potentially causing harm to individuals or property.This reprehensible act, carried out by more than one person, results in physical pain, injuries, and harm to bodily health, constituting the definition of the criminal act of mob assault.(Wijayanto,2013).The victim remained lying down and was repeatedly attacked by Edi and Romdoni, who took turns directing their blows to the victim's head.Romdoni held the victim's hand, pressing it towards the chest, while Edi continued to strike the victim.At this point, Edi shouted 'mugger.' Upon hearing Edi's shout directed at the victim, Deva spontaneously grabbed a looter to strike the victim, but was prevented by the child.After Deva dropped the looter, the child removed the broken pieces with their foot.Deva then approached the victim and struck the victim's arm and palm three times.After Deva's blows, the child also approached the victim and joined in hitting the victim using the victim's detached rubber sandal on the victim's leg three times and on the victim's arm twice.
Later, a passerby suggested to the child and their friends to seek help from the community.Local residents passing by gathered and subsequently secured the victim.Banser members, who had received a report from Witness Edi, arrived and, upon learning about the victim's condition, took the victim to the Gunungpati Community Health Center.The victim was declared dead by the on-duty personnel at the health center.Subsequently, the victim was immediately taken to RSUP Dr. Kariyadi Semarang for further examination.
The judge will then consider whether, based on the legal facts mentioned above, the defendant can be deemed to have committed the alleged criminal act.In accordance with the legal facts obtained, the charges will be considered first.
Therefore, based on the above explanation, the judicial proceedings must comply with the Code of Criminal Procedure (UU SPPA).In reality, the act of a child as the perpetrator of a mob assault resulting in the loss of someone's life is equivalent to depriving someone of the right to live, making the offense a serious crime.Hence, the author is interested in conducting

METHOD
This research is based on legal research conducted with a normative approach.Normative research is a type of study that refers to existing and concrete legal regulations.It employs an approach that examines laws, cases, and legal analyses.This type of research often conceptualizes law as everything stipulated in the law that serves as a guide for humans (Amirudin & Asikin, 2004).The approach used in this study is the legal approach, utilizing Law In Article 34 of the Draft New Criminal Code (KUHP), it is formulated that criminal responsibility involves the continuation of objective condemnation inherent in criminal acts and subjectively meeting the criteria for prosecution due to one's actions (Wahyutomo, M. D. H. 2021).According to Van Hamel, criminal responsibility is a normal state of psyche and skill that encompasses three abilities: (1) the ability to understand the meaning and consequences genuinely of one's own actions, (2) the ability to recognize that those actions are contrary to social order, and (3) the ability to determine one's will to act.(Moeljatno, 1987).
Criminal responsibility requires the condition that the actor is capable of being accountable for their actions.It is not possible for someone to be held accountable if they are incapable of responsibility.The Criminal Code (KUHP) does not provide a formulation to declare the existence of accountability.In Dutch Criminal Law literature, several definitions for "accountability" can be found.According to Simons, "accountability can be interpreted as a physical condition that justifies the application of criminal efforts, both from a general perspective and from the individual's perspective."It is further stated that someone is capable of being accountable if their soul is healthy, meaning if: 1. they can understand or realize that The regulation of criminal acts of fatal mob assault committed by underage children is aligned with the principles of child protection as stipulated in Law Number 35 of 2014 concerning Child Protection.The provisions regarding the punishment of children are specifically governed by Law Number 11 of 2012 concerning the Juvenile Justice System (Teguh,2020).The regulation for children involved in mob assaults resulting in death is stipulated in Article 351 paragraph (3) of the Criminal Code (KUHP), with the requirement for a reduced sentence of half the adult punishment according to Article 79 paragraph (2) of the Law on the Criminal Justice System for Children.The existence of the Law on the Criminal Justice System for Children ensures the necessity to provide protection for children as formulated in the Child Protection Law during the judicial process.Law enforcement officials handling cases involving children should always consider the principles outlined in the Juvenile Justice System.Crimes like mob assault among children and adolescents often occur due to parental neglect, environmental factors, and unhealthy community activities.Factors such as the influence of alcohol or illicit drugs, as well as the freedom of association among children, contribute to such incidents.It is not uncommon for children involved in mob assaults to be school dropouts and come from economically disadvantaged backgrounds.In some cases, acts of violence like mob assaults result from misunderstandings among the parties involved.These issues are concerning within the children and adolescent population.Challenges in handling mob assault cases arise due to the difficulty of implementation in the field, stemming from the insufficient number of law enforcement personnel compared to the number of masses and witnesses, as well as delays in obtaining forensic reports from the relevant authorities.An example of a mob assault crime committed by a child resulting in death has been ruled upon by the Semarang District Court under Case Number: 22/Pid.Sus-Anak/2018/PN Smg.This incident occurred on Jl.Raya Koesbiono Tjondrowibowo in front of IDEA MANDIRI Building Supplies Store, Pakintelan Village, Gunungpati District, Semarang City, on Friday, June 15, 2018, around 03:30 AM local time.During the incident, the child and witnesses Edi Aditya Susanto son of Santoso, Romdoni son of Mustari, and Deva Dwi Saputra son of Sukari were riding two motorcycles towards Gunungpati.Edi and Romdoni were riding a black HONDA BEAT motorcycle with license plate number 2460 AHW, and the child and Deva were riding a black HONDA VARIO 125 motorcycle without a license plate.Upon reaching the intersection near the Unnes well, the motorcycle ridden by Edi and Romdoni lined up with another motorcycle (ridden by the victim Setyo Sasiam Utomo son of Kanipan), causing Edi and Romdoni's motorcycle to fall.Edi and Romdoni got up and continued their journey.
research on "Criminal Responsibility in Mob Assault Crimes Committed by Children Resulting in Death (Case Study Decision Number 22/Pid.Sus-Anak/2018/PN Smg)".
Number 35 of 2014 concerning Amendments to Law Number 23 of 2000 concerning Child Protection.Additionally, it incorporates a case approach, referring to the case of criminal assault by a child resulting in death with Decision Number 22/Pid.Sus-Anak/2018/PN Smg.The nature of this study is descriptive, aiming to provide explanations or portrayals of the existing facts related to the research object in a precise and clear manner to gain clarity on the arising issues.Data collection methods involve studying decisions from the Semarang District Court, supported by interviews with judges from the Semarang District Court, and supplemented by relevant scholarly journals addressing the research problem.