PERTANGGUNGJAWABAN PIDANA BAGI ANAK SEBAGAI PELAKU TERORISME (studi kasus Nomor : 21/Pid/Sus.Anak/2016/PN.Jkt.Tim.)

WIBAWA, I NYOMAN ANDHIKA YUDHA (2019) PERTANGGUNGJAWABAN PIDANA BAGI ANAK SEBAGAI PELAKU TERORISME (studi kasus Nomor : 21/Pid/Sus.Anak/2016/PN.Jkt.Tim.). S1 thesis, UAJY.

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Abstract

Terrorism is a crime that threaten human life, property and sovereignty of a nation, and often also lead to loss of life and property are many. Therefore the State has an obligation to protect all citizens from any threat of terrorism. Law No. 5 of 2018 is the policy of the Legislature in an effort to tackle terrorism in Indonesia. Crime Terrorism today is not only done by adults but now the kids have also begun to engage in criminal acts of terrorism. Research used in this research is normative law using secondary data in the form of primary and secondary legal materials. Based on the results of the decision Case Number: 21/Pid/Sus.Anak/2016/PN.Jkt.Tim, Defendant GISTI ADAM PRAMUDA RABBANI (16 years old ) were directly assembly of molotov bomb in Samarinda. The criminal acts of terrorism committed by children in this setting using the Law no. 15 of 2003 on Criminal Acts of Terrorism. The defendant by a judge after a trial, the judge hears evidence presented at trial and obtained his conviction, the defendant proved meet the elements of criminal acts as defined by Article 15 of Article 9 of Law No. Jo. 15 of 2003. The defendant also has no reason eraser criminal, so that the defendant can be sentenced to criminal sanctions. Judge in imposing criminal witness against terrorism offenses committed by children noticed formulation Article 19 of Law no. 15 of 2003, article 1 number 3 of law no.11 of 2012 about juvenile court and Law no. 35 Year 2014 about child protection law, then in terms of sanctions against the defendant in the form of imprisonment for 2 years subs.

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