PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA PENJARA TERHADAP ANAK SEBAGAI KURIR NARKOTIKA (STUDI KASUS PUTUSAN NOMOR : 802/PID.A/2014/PN.BDG)

Kusumastuti, Heidy Fabiolla (2019) PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA PENJARA TERHADAP ANAK SEBAGAI KURIR NARKOTIKA (STUDI KASUS PUTUSAN NOMOR : 802/PID.A/2014/PN.BDG). S1 thesis, UAJY.

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Abstract

Child are agift from god, almighty one in whom the interent dignity of part the younger generation as one of human resources is a potential successor to the ideals for national struggle in the future that has a strategic role and have special properties, require guidance and protection in order to ensure the growth and development of the physical, mental, and social balances. The abuse of narcotics by childern is currently a concern of many people and is constantly being discussed. In fact, the problem of narcotics abuse is of concern to various groups, moreover the involvement of childern as narcotics couriers which is a series of evil consensus in carrying out illegal drug trafficking. The paper is titled “ Consideration of The Judge Ruling in Imprisonment of a Child who Comitted the Crime of Narcotic Courier”. This papper uses analytical methods with normative juridical approach legislation. It is write in the criminal law has never found a rule that outlines the guidelines used by judges as a fundamental cornerstone consideration in the imposition of imprisonment. The conclusion of this paper is the judge in imoosing imprisonment on childern is by juridical consideration that interesting fact arising in the trial which is the conclusion of the testimony witnessesand and evidence presented and examined in court. Just in deciding criminal child, but must consider the legal aspect, which is proving the elements of an offenses if the defendant has met and in accordance with the criminal offense, and judges should use fair consideration by the judge and judge doesn’t burden the belief pre defendant, because the defendant was a minor. Keywords : Judge consideration, Prison Punishment, Childern, Narcotic Courier.

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