SANKSI PIDANA TERHADAP ORANG TUA YANG TIDAK MENCEGAH KAWIN KONTRAK PADA USIA ANAK

Saragih, Deka Saputra (2012) SANKSI PIDANA TERHADAP ORANG TUA YANG TIDAK MENCEGAH KAWIN KONTRAK PADA USIA ANAK. S1 thesis, UAJY.

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Abstract

This thesis is talking about criminal sanctions for the parents who don’t prevent a child marriage contract. In this thesis there is the problem which would be elaborated is whether the proper criminal sanctions imposed to the parent who does not prevent a child marriage contract. The type of this thesis is the normative thesis which focuses on the norms of positive law in the form legislation from highest hierarchy to the lowest as the main data and by looking on social facts that exist in society. In this thesis there has been found the result of the research is the criminal sanctions for the parents who don’t prevent a child marriage contract is not the main thing to apply, because the child still need protection from their parents, love of parents, family unity, and of course livelihood from their parents. That the criminal sanctions referred in Article 78 of Law Number 23 of 2002 on Child Protection based on relative theory stating that an absolute crime is not absolutely have to be followed by a criminal sanction, thus that there is not enough to have a crime and give the criminal sanction to the crime, it should be seen also the benefit of the sanction for society or for the criminal themselves. Not only seen from the past, but also the future, then there must be any further purpose than give a criminal sanction.

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