TINDAK PIDANA PERSETUBUHAN OLEH ANAK ATAS DASAR PRINSIP KEPENTINGAN TERBAIK BAGI ANAK (ANALISIS PUTUSAN NOMOR : 2/PID.SUS-ANAK/PN.KIS)

Bella Dina Maliatus Silmi, NIM.: 19103040002 (2023) TINDAK PIDANA PERSETUBUHAN OLEH ANAK ATAS DASAR PRINSIP KEPENTINGAN TERBAIK BAGI ANAK (ANALISIS PUTUSAN NOMOR : 2/PID.SUS-ANAK/PN.KIS). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (TINDAK PIDANA PERSETUBUHAN OLEH ANAK ATAS DASAR PRINSIP KEPENTINGAN TERBAIK BAGI ANAK (ANALISIS PUTUSAN NOMOR : 2/PID.SUS-ANAK/PN.KIS)) 19103040002_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (TINDAK PIDANA PERSETUBUHAN OLEH ANAK ATAS DASAR PRINSIP KEPENTINGAN TERBAIK BAGI ANAK (ANALISIS PUTUSAN NOMOR : 2/PID.SUS-ANAK/PN.KIS)) 19103040002_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

Children are the next generation for the future of the nation who should receive guidance in their growth. They are also entitled to protection against all threats, obstacles or disturbances to their growth and development. However, the criminalization of children continues to increase, and children who conflict with the law must be given legal protection. Related to this immoral act has been regulated in article 287 paragraph (1) of the Criminal Code and article 76 letter D, article 76 I and article 81 of Law no. 17 of 2016 concerning Child Protection, so it is necessary to analyze the Decision of the Kisaran District Court Number 2/Pid.Sus-Anak/2022/PN.Kis dated 14 February 2022 which was declared legally and convincingly guilty of committing a crime by deliberately inducing a child to commit an act of intercourse with him and was sentenced to imprisonment for 2 (two) years and underwent job training for (one) month. Based on the main issues that will discussed are how to apply the formal and material requirements of criminal law for child perpetrators of intercourse with minors and whether the decision of the panel of judges in imposing criminal decisions on child perpetrators already reflects the best principles for children in decision No. 2/Pid.Sus-Children/2022/PN.Kis. This research was carried out using the library research method, which is analytical descriptive with a normative juridical approach. The data analysis method used was qualitative. secondary law in the form of law books and court decisions and tertiary legal materials such as legal dictionaries. The theory used by the authors to analyze is the theory of judges' considerations, the theory of punishment, and the theory of justice. Based on the results of the study, there are still many irregularities in the decision that occur and/or are not following the Law on the Juvenile Criminal Justice System and the Law on Child Protection. A very fatal thing happened when the panel of judges opened the trial to the public to reading their verdict when the contents of the decision revealed many of the perpetrators' identities, there was an error in writing between the facts of the legal trial and the judge's verdict, the judge also assessed that it did not reflect justice and the best principles for children who should be given legal protection. This has become a red report card for law enforcement officials in Indonesia, which triggers the author to provide criticism and suggestions to every law enforcement officer who, in carrying out his duties, still deviates from the applicable laws and regulations.

Share this knowledge with your friends :

Actions (login required)

View Item