Application of the Best Interests of the Child Principle in the Imposition of Guidance Sentences: An Analysis of Decision Number 6/Pid.Sus-Anak/2025/PN UNR

Abstract

The principle of the best interests of the child constitutes a fundamental principle within the juvenile criminal justice system, requiring that every criminal sanction be oriented toward protection, rehabilitation, and social reintegration. This study analyzes the application of this principle in Decision Number 6/Pid.Sus-Anak/2025/PN UNR and examines its implications for the protection of children's rights and the achievement of rehabilitative objectives. The research employs a normative juridical method using statutory, case, and conceptual approaches. The findings indicate that the judge considered the child’s psychological and social conditions, family background, educational rights, social inquiry report, and the child’s relationship with family members in determining the placement for institutional guidance. Nevertheless, the decision still requires stronger legal reasoning regarding the selection of institutional guidance as the most proportional measure for the child. Based on international standards and the criminal law policy governing juvenile justice, deprivation of liberty should be regarded as a measure of last resort, applied proportionately, and directed toward recovery and social reintegration. The contribution of this study lies in formulating the best interests of the child as a substantive parameter in imposing guidance sentences, encompassing an assessment of the child’s circumstances, the choice of sanctions, the duration of punishment, the place of guidance, the protection of educational rights, victim restoration, and social reintegration planning.