PERTIMBANGAN HUKUM HAKIM TERKAIT PEMBATALAN PEMBERIAN SANKSI TINDAKAN MENJADI PIDANA PENJARA PADA TINDAK PIDANA PENCURIAN (Studi Putusan Nomor : 34/PID/.Sus-Anak/2018/PT MDN)

AZHARRY, HUZEIN and Nashriana, Nashriana and Rumesten RS, Iza (2021) PERTIMBANGAN HUKUM HAKIM TERKAIT PEMBATALAN PEMBERIAN SANKSI TINDAKAN MENJADI PIDANA PENJARA PADA TINDAK PIDANA PENCURIAN (Studi Putusan Nomor : 34/PID/.Sus-Anak/2018/PT MDN). Masters thesis, Sriwijaya University.

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Abstract

Law Number (No). 11 of 2012 on Criminal Justice System of child is expected to be able to protect children from all criminal acts. However, in its application there are often differences, especially in making criminal decisions. One example of a case of difference in decision making is at the Medan High Court (PT) where the judge cancels the sanctions for the theft committed by children based on the judge's decision at the Tebing Tinggi District Court (PN). The Juvenile Judge at PT Medan granted the appeal filed by the Public Prosecutor in which the Prosecutor considered that the child had committed the crime of "Theft with Weights" so that the Prosecutor requested that the Child remain in detention instead of being subject to action sanctions as decided by the Juvenile Judge at the Tebing District Court. Tall. The purpose of this study is to find out what legal considerations underlie the PT Medan judges granting the appeal from the Public Prosecutor and canceling the sanctions for actions that have been decided by the Tebing Tinggi District Court judges and providing input on the ideal sanctions in the settlement of criminal acts committed by children so that incidents such as this can be minimized. The research method used is normative legal research. From this research, it can be seen that the Appellate Level Juvenile Judge at the Medan High Court in making decisions does not consider sociological or non-juridical considerations so that there is an annulment of action sanctions against criminal acts of theft committed by children and in the author's opinion the ideal sanctions in the settlement of criminal acts committed by children should be regulated more clearly in special additional rules made by the Supreme Court in which all judges are obliged to consider these rules before making decisions on crimes committed by children so that incidents such as the cancellation of sanctions for crimes committed by children can be minimized so that they can be minimized. create justice for the suspect and the victim of the crime. Keywords: theft, the justice system, juvenile crime, sanctions, actions

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Pencurian, Sistem Peradilan, Pidana Anak, Sanksi, Tindakan
Subjects:	K Law > K Law (General) > K5575-5582 Juvenile criminal law and procedure
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Huzein Azharry
Date Deposited:	09 Aug 2023 01:25
Last Modified:	09 Aug 2023 01:25
URI:	http://repository.unsri.ac.id/id/eprint/126190

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