DISPARITAS PUTUSAN HUKUM HAKIM TERHADAP TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN OLEH ANAK

WIDYASWARA, RIANI and Hasan, KN Sofyan and Yuningsih, Henny (2022) DISPARITAS PUTUSAN HUKUM HAKIM TERHADAP TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN OLEH ANAK. Master thesis, Sriwijaya University.

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Abstract

There are differences regarding the severity of a decision in a murder case between one case and another in the practice of criminal justice in Indonesia. Differences in decisions regarding the same case or similar dangers, or what is known as criminal disparity, often raise questions and negative perceptions among the public, for example a sense of injustice. The problems in this thesis are as follows: 1) what is the basis for the judge's considerations in imposing criminal sanctions on children who commit criminal acts of murder?; 2) what are the legal sanctions for children who are in conflict with the law in criminal acts of murder?; and 3) how should judges decide legal sanctions form criminal acts of murders commited by children in the future? This study used normative legal research method. the followinf conclusions were obtained from the result of the research conducted: 1) the basis for the judge's consideration in imposing a crime on a child as an offender was to look at the child's psychological, social, and economic background; 2) children could only be sentenced or subject to action based in the provisions in Constitution. children who committed dangerous crimes could be sentenced to punishment, while if actions were not dangerous and the child was below 14 years old then they could only be subject to action; and 3) the judge's consideration could be persued as a non-penal action other than penal action by means of the judge being involved in legal counseling abaout the dangers of criminal threats from various kinds of criminal acts

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Anak, Tindak Pidana Pembunuhan, Disparitas Putusan Hakim
Subjects:	K Law > K Law (General) > K5015.4-5350 Criminal law
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Riani Widyaswara
Date Deposited:	24 Jan 2023 05:48
Last Modified:	25 Jan 2023 01:49
URI:	http://repository.unsri.ac.id/id/eprint/87433

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