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Imposition of Fines Converted to Confinement for Juvenile Sex Offenders (Case Study Decision Number

. Decision Number 1/Pid.Sus-Anak/2019/PN.Pts with Defendant R is a case involving a child in conflict with the law. Defendant R has been legally and convincingly proven guilty of committing a criminal act of sexual intercourse against a minor, because of this act the Defendant was sentenced to 2 (two) years and 6 (six) months in prison at the Pontianak Special Child Development Institute (LPKA), and a fine. in the amount of Rp.60,000,000 (sixty million rupiah) subsidiary of 1 (one) month imprisonment. In Article 71 paragraph (3) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is explained that if the material law is threatened with cumulative punishment in the form of imprisonment and fines, the fine will be replaced with job training. This study aims to find out and analyze the judge’s considerations in imposing a fine against a child in Decision Number 1/Pid.Sus-anak/2019/PN.Pts and the legal consequences if a fine against a child is converted into confinement. The research method used is normative juridical by using primary, secondary, and tertiary legal materials. Based on this article, if the punishment is in the form of imprisonment plus a fine, which fine will be replaced through job training activities for children, therefore the judge can still determine the punishment in the form of confinement and job training for a child who has legal problems.


INTRODUCTION
Punishment for children who commit crimes cannot be equated with punishment for adults, because basically children have unstable mental conditions, a process of psychological stability that produces a critical attitude. [1] A crime committed by a child cannot be considered a crime, but a delinquency caused by an imbalance in psychological conditions and understanding of the actions committed by the child. The difference in treatment and threats regulated in the law is intended to protect and nurture the child so that he can face a long future [2]. Protection of children in conflict with the law is The Law on the Juvenile Criminal Justice System emphasizes the improvement of child offenders. Where this law adheres to the Double Track System sanctions system or better known as the Dutch term "Zweispurigkeit" or a two-track system that emphasizes the punishment of two sanctions, namely criminal sanctions and actions [2].
Criminal sanctions are sanctions whose imposition is limited by the ultimum remidium principle (the last sanctions imposed after other sanctions have been imposed) [3].
Meanwhile, the principle of implementing imprisonment for child offenders is related to the principle of legal protection, that punishment for deprivation of liberty or imprisonment is a last resort [4]. so it is interesting to study how the position of the judge's decision that converts the criminal fine to confinement in the case in Decision Number 1/Pid.Sus-Anak/2019/PN.Pts with Defendant R is a case involving children both as victims and perpetrators who are both aged 16 years in which R has been legally and convincingly proven guilty of committing the crime of "committing sexual intercourse to a minor", because of this act R was sentenced to prison for 2 (two) years and 6 (six) months at the Child Special Guidance Institute (LPKA). Pontianak and a fine of Rp.60.000.000,-(sixty million rupiah) subsidiary of 1 (one) month imprisonment, reduced as long as the child is in detention.
An important note in this decision is in the case of imposing criminal sanctions in the form of imprisonment for 2 (two) years and 6 (six) months, and a fine of Rp. conversion) with imprisonment of 1 (one) month.

METHODOLOGY/ MATERIALS
This study focuses on the impact of pair work types on the analysis of judge decisions in criminal decisions of fines converted to confinement in children's cases. Meanwhile, the dependent variable is the confinement conversion. This study is appropriate to find out a the legal basis for the judge's decision to convert a child's punishment. The causal relationship to be investigated in this study is the basis of judges in converting children's sentences. In other words, this study was to investigate whether the judge's basis was correct in converting a criminal fine into confinement in his decision and the legal consequences if a fine against a child was converted into a confinement sentence.

RESULTS AND DISCUSSIONS
Based on the result of data analysis, it was found that Fines are one type of crime that has long been known, of course, the arrangements and ways of applying these fines vary, according to the conditions and developments of society [5]. These views form a conflicting attitude between imprisonment and fines. Regarding imprisonment, criminal law experts tend to minimize its use. On the other hand, the penalty for fines is to be maximized. Imprisonment is often considered too severe when compared to fines. In practice in court, it turns out that the crime of deprivation of liberty, namely imprisonment and confinement is still the main choice of judges [6] The determination of fines in the Criminal Code is a type of crime that varies in the number of fines and the severity of the type of crime. The fines are contained in Books I and II of the Criminal Code which are threatened with offenses and violations. The regulation is a single prison, imprisonment with a fine, a single confinement, a single confinement with a fine, a fine with a single sentence [7].
The provisions for fines in the Criminal Code are regulated in Article 10 Jo. Article 30 of the Criminal Code. Article 10 of the Criminal Code states that the main punishment has four types of punishment, namely the death penalty, imprisonment, imprisonment, and a fine. In Article 30 paragraph (1) of the Criminal Code it is stated that a fine can be set at a minimum of Rp.25 (twenty five rupiah), but the maximum is not determined in general but is determined in the articles of the crime concerned. Due to the existence of this minimum order, the court's decision on the fine must not be less than the minimum limit. This applies to all offenses punishable by a fine. Furthermore, Article 30 paragraph (2) stipulates that if the fine is not paid, it will be replaced with imprisonment.
In the Criminal Code, to determine the amount of the fine, it is specifically determined (twenty five million rupiah) and Rp.10,000,000 (ten million rupiah), this decision is in accordance with Law no. 7/ 1974 [8]. INCLAR Confinement can be interpreted as depriving freedom but it is lighter than imprisonment. Imprisonment can be carried out for a minimum of 1 (one) day and a maximum of 1 (one) year. However, if there are difficulties such as unity or repetition, the imprisonment can be accumulated to 1 (one) year and 4 (four) months. Imprisonment in lieu of a fine is the same as imprisonment. The sentence of imprisonment in lieu of a fine is imposed by the judge and the fine. The judge must clearly state the fine that must be paid by the defendant and the length of imprisonment that the defendant must serve, if he is unable to pay the prescribed fine.
Imprisonment as a substitute for fines is regulated in Article 30 paragraph (1) to paragraph (6) of the Criminal Code. Regarding the determination of the length of the substitute imprisonment as referred to in paragraph 30 paragraph (4), the decision states the length of the substitute imprisonment, if the amount of the fine is 50 (fifty) cents or less than 50 (fifty) cents, it is calculated for one day, if more than 50 (fifty) cents, calculated every 50 (fifty) cents for one full day, as if the remainder is not more or less than 50 (fifty) here the length of imprisonment in lieu of a fine is at least 1 (one) day and maximum of 6 (six) months. In addition, in paragraph (5)  In order for a person to be fined, if he fails to pay the fine imposed by the judge, the judge's decision on the amount must be made carefully. The fine that must be paid by the perpetrator and the length of imprisonment in lieu of the fine that must be imposed by the violator, namely if he fails to pay all the fines concerned.
In that case, the violator may be sentenced to confinement in exchange for not Code, the following legal construction is obtained: first, if the fine is not paid, it is replaced with imprisonment. With this construction, if the replacement money is not paid, the convict will replace it with imprisonment, the two convicts have the authority to free themselves from the substitute confinement by paying the fine [10]. In this case, INCLAR a guarantee of greater freedom of judges is needed to determine the amount of fines to be imposed. It's just that if the fine is not paid by the convict either because of his inability or unwillingness, then the fine can be converted into a form of confinement called a subsidiary or substitute imprisonment, not a principal imprisonment [10].
Fines are a type of punishment that benefits the government, because the government does not spend a lot of money, if it is not accompanied by subsidiary losses. The punishment of a fine does not bring or does not result in disgrace to the good name or honor as experienced by the convict. Fines will make the world of humanity relieved.
The fine will be an income for the region/city [11]. Although punishment in the form of a fine will be more beneficial to the state than imprisonment [12] but in the case of children, the fines paid by parents according to the judge cannot provide a sufficient deterrent effect to the child who is the perpetrator of the crime, as well as the age of the  [14]. The alternative imprisonment "alternative imprisonent/alternative to custodial sentences" occurs during examination in court when the judge as the official authorized to convict "sentencing authorities" imposes a crime, which according to the "Tokyo Rules" can be in the form of: verbal sanctions (admonition, reprimand, warning) , conditional dischargem status penalties, economic sanctions/monetary penalties, Confiscation, expropriation order, restitution and compensation suspended sentence, probation/judicial supervision, a community service order, referral to an attendance center, house arrest, non-institutional treatment, combination. Social work crimes and restitution are thus two alternative types of imprisonment mandated by the "Tokyo Rules" to be included in the Criminal Code of every country in the world, namely it is appropriate that the fines given to the defendant be transferred to job training [14].

CONCLUSION AND RECOMMENDATION
First, the conclusion is that the imposition of a fine if converted into a prison sentence