PENERAPAN SANKSI PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PEMBUNUHAN DI PENGADILAN NEGERI KOTA YOGYAKARTA

Putra, Tri (2019) PENERAPAN SANKSI PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PEMBUNUHAN DI PENGADILAN NEGERI KOTA YOGYAKARTA. S1 thesis, UAJY.

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Abstract

The title of this legal writing is the Application of Criminal Sanctions on Children as Actors of Murder in the Yogyakarta City District Court. Formulation of the problem: is the criminal sanction decided by the Judge in the Yogyakarta City District Court on a child who commits a crime of murder and what consideration is used by the Judge in the Yogyakarta City District Court in deciding the crime of murder by a child? Crime of Murder is a crime that has been categorized in Chapter II Wetboek von Strafrecht (WvS) as one of the crimes against life. As we know that the crime of murder is subclassification of ordinary crime, but what happens if done by minors? Article 338 is primarily used as a criminal penalty if a crime of murder occurs or involves an adult civilian. As for consideration of criminal penalties, District Court Judges must consider several options to bring justice to minors so that minors are not punished with maximum punishment. Choice of choice varies, one of which is that "in the criminal law system for children criminal penalties that are usually used as an effect of learning and prevention" means that the sentence is used to make children change their bad behavior and not commit crimes again.

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