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PERTIMBANGAN HUKUM HAKIM DALAM PERKARA TINDAK PIDANA ABORSI YANG DILAKUKAN OLEH ANAK (STUDI PENETAPAN DIVERSI NO 4/PEN.DIV/2021/PN MKD)
Law Number 11 of 2012 concerning the Juvenile Criminal Justice System in cases involving the crime of abortion cannot seek diversion, because the conditions for diversion as explained in Article 7 of Law Number11 of 2012 have not been fulfilled. However, in this case a diversion determination is applied which is stated in in diversion determination Number 4/ Pen.Div/2021/ PN Mkd. In this case the judge decided on diversion efforts. There is a discrepancy between the judge's decision and Law Number 11 of 2012, where in this law diversion efforts can be carried out if the criminal offense carries a sentence of less than 7 years, whereas in this case the penalty is a maximum of 10 years in prison. The main problem of this research is related to the judge's legal considerations in Determination of Diversion Number 4/Pen.Div/2021/PN Mkd and its suitability to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research method used is field research, namely a research method that describes conditions and phenomena more clearly regarding the actual situation in the field using data collection techniques of interviews, observation, literature study and documentation. The approach in this research is an empirical juridical approach, namely studying normative or statutory concepts and conducting an assessment of the reality in the field. The theories used in this research are the Theory of Justice, Legal Certainty and Benefits, Restorative Justice Theory and Diversion Theory. Based on the research that has been carried out, the judge's legal consideration in Determination of Diversion Number 04/Pen.Div/2021/PN Mkd is that the defendant was committing a crime for the first time and the defendant was still a student so he considered the future of the child, apart from that, the charges which was imposed on the defendant, namely alternative charges, this was also taken into consideration by the judge in handing down a decision. Conformity of Diversion Determination Decision Number 4/Pen.Div/2021/ PN Mkd with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, this decision is in accordance with what is stated in Law Noumber 11 of 2012 concerning the Juvenile Criminal Justice System, namely by providing an alternative in the form of diversion efforts in this case.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 18103040007 Shinta Lutfiyatul Khusna
PERTIMBANGAN HUKUM HAKIM DALAM PERKARA TINDAK PIDANA ABORSI YANG DILAKUKAN OLEH ANAK (STUDI PENETAPAN DIVERSI NO 4/PEN.DIV/2021/PN MKD) (Text)
PERTIMBANGAN HUKUM HAKIM DALAM PERKARA TINDAK PIDANA ABORSI YANG DILAKUKAN OLEH ANAK (STUDI PENETAPAN DIVERSI NO 4/PEN.DIV/2021/PN MKD) (Other)
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