DECONSTRUCTION OF CRIMINAL PUNISHMENT FOR CHILDREN: A PHILOSOPHICAL, LEGAL, AND SOCIOLOGICAL STUDY

Abstract

The criminalisation of children in conflict with the law still leaves many issues unresolved because
law enforcement practices are not yet fully aligned with the principle of child protection, which treats
children as individuals in the process of development. The high rate of juvenile delinquency in
Tasikmalaya and Cianjur shows that juvenile crime is a multidimensional issue with internal factors
such as family dysfunction, trauma, and weak self-control, as well as external factors such as a
permissive social environment, peer influence, and structural pressure. This study aims to deconstruct
the paradigm of child punishment through philosophical, juridical, and sociological analysis to assess
the suitability between the ideal values of the SPPA Law and its implementation in the field. The
research method used a qualitative approach with a constructivist paradigm combined with a
normative-empirical approach through regulatory review, literature study, case analysis, limited
interviews, and field observations in Cianjur Regency and Tasikmalaya City. The results of the study
reveal a discrepancy between the principle of restorative justice in the SPPA Law and the practice of
punishment, which is still retributive in nature, influenced by a lack of rehabilitation facilities, a lack
of understanding among officials, weak coordination between institutions, and other structural and
cultural barriers. This study emphasises the need for comprehensive reform through strengthening
diversion, providing child-friendly facilities, increasing the capacity of officials, and formulating
regional policies based on restorative justice to realise sentencing that is oriented towards guidance,
protection, and social reintegration of children.