PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA PENJARA TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN

NUGRAHA, YOHANES PANDU ASA (2013) PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA PENJARA TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN. Jurnal Ilmu Hukum. pp. 1-15.

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Abstract

Indonesia is a country that is developing all aspects of life, among others is the aspects of law. The title of this thesis is “The Consideration of the Judges in Passing Prison Punishment towards a Child that Committed Stealing Crime.” This research is aimed to know the base of judges/consideration in passing prison punishment towards a “naughty” child that committing a crime. A “naughty” child is a child committing an action that is forbidden by the laws and/or the other rules. The research method used is normative research. In passing prison punishment towards a child, judges should pay attention the aspects outside law facts found in the judicial procedure. The aspects that should be put into consideration among others are social condition, the psychological condition of the child, the background/ the motive of the child committing stealing, and in passing a verdict the judges should consider the mental and the psychological condition of the accused. The judges should also consider the research product of the Body of Supervision as a material consideration in passing prison punishment towards a child that committed stealing crime in order that the verdict gives justice feeling in the society.

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