PERTIMBANGAN HAKIM DALAM MENJATUHKAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK

Kresnawan, Arief Rengga (2011) PERTIMBANGAN HAKIM DALAM MENJATUHKAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK. S1 thesis, UAJY.

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Abstract

Children are the youth generation heir as the next generation of sate wishes. Children as the creature created by One Mighty God have basic rights since they were born, thus there is no one or other part that is permitted to take this rights. One of the shapes of Children Basic Rights was the guarantee for gaining protection of which is appropriate to the values of Pancasila and the state purpose as has been stipulated in the Preface of Constitution of 1945. Children are actually children, instead of smaller adults. Started from this characteristic, the treatment to the children involved in a crime or who have social problem, should be addressed in order and due of their prosperity. Relating to the great deal of legal problem resulted by the happening of criminal action which is conducted by the children, thus it becomes very interesting if the legal problem concerning to the happening of criminal action of stealing is submitted and studied by title “The Judge’s Judgment in Sentencing Criminal Punishment to the Perpetrator of Stealing Criminal Action of which is conducted by Children.” Based on aforementioned above problem background, thus it can be formulated an issue, i.e. what is the judge’s basic of consideration in sentencing criminal punishment to the perpetrator of stealing criminal action of which is conducted by children. The purpose of this research was to gain data on the judge’s basic of consideration in sentencing criminal punishment to the perpetrator of stealing criminal action of which is conducted by children. By considering the problem formulation in this research, thus it can be answered, i.e. those which are able to be the consideration of the judge in sentencing the case of children who conduct stealing criminal action is the juridical and nonjuridical consideration. The juridical fact which is revealed in the court session, whereas the juridical consideration is based on the existing condition in the self of the accused after or before the accused conducted a criminal action. The criminal punishment can be sentenced to children perpetrators is, to them it can be sentenced a punishment at least ½ (one per two) from the maximum threats of imprisonment to the adults. Keywords: judge, criminal punishment, children

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