IMPLEMENTASI PIDANA TERHADAP KASUS PENCURIAN OLEH ANAK (STUDI PUTUSAN PN SLEMAN NOMOR 23/PID.SUS-ANAK/2022/PN SMN)

Diah Ayu Naziah, NIM.: 19103040013 (2023) IMPLEMENTASI PIDANA TERHADAP KASUS PENCURIAN OLEH ANAK (STUDI PUTUSAN PN SLEMAN NOMOR 23/PID.SUS-ANAK/2022/PN SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The contact of children with the criminal justice system is the beginning of children dealing with the law. The Juvenile Criminal Justice System must be interpreted not only to deal with the punishment of children, but also to cover the root of the problem. Issues that need to be considered in the sentencing of children include issues of education that need to be given to the convicted child. Therefore, the imposition of crimes against children is certainly different from the imposition of crimes on adults and instead the provisions referred to as "Kinderstafrecht" or criminal law are made which do not deviate from the criminal law that applies to adults. This research was conducted with the aim of knowing the implementation of the crime against the child who committed the crime of theft and the Judge's considerations in sentencing the child in decision Number 23/Pid.Sus- Anak/2022/PN. Smn. This research is a library research research, is descriptive analytical and analyzes data using descriptive qualitative methods. The approach used is a normative approach by examining the applicable laws and regulations. A review of the theories used by the authors in compiling this thesis are the theory of punishment, the theory of criminal responsibility and the theory of criminal acts. From the results of the study, it can be concluded that the judge in imposing sentences on children is in accordance with the Law on the Juvenile Criminal Justice System and the best interests of the convicted child, where the judge does not impose prison sentences on the convicted child and the considerations of the judge in deciding child cases include the public prosecutor's indictment, evidence and evidence in the form of witness statements, defendant statements, articles of criminal law regulations contained in the Criminal Code as well as the facts in the trial.The contact of children with the criminal justice system is the beginning of children dealing with the law. The Juvenile Criminal Justice System must be interpreted not only to deal with the punishment of children, but also to cover the root of the problem. Issues that need to be considered in the sentencing of children include issues of education that need to be given to the convicted child. Therefore, the imposition of crimes against children is certainly different from the imposition of crimes on adults and instead the provisions referred to as "Kinderstafrecht" or criminal law are made which do not deviate from the criminal law that applies to adults. This research was conducted with the aim of knowing the implementation of the crime against the child who committed the crime of theft and the Judge's considerations in sentencing the child in decision Number 23/Pid.Sus- Anak/2022/PN. Smn. This research is a library research research, is descriptive analytical and analyzes data using descriptive qualitative methods. The approach used is a normative approach by examining the applicable laws and regulations. A review of the theories used by the authors in compiling this thesis are the theory of punishment, the theory of criminal responsibility and the theory of criminal acts. From the results of the study, it can be concluded that the judge in imposing sentences on children is in accordance with the Law on the Juvenile Criminal Justice System and the best interests of the convicted child, where the judge does not impose prison sentences on the convicted child and the considerations of the judge in deciding child cases include the public prosecutor's indictment, evidence and evidence in the form of witness statements, defendant statements, articles of criminal law regulations contained in the Criminal Code as well as the facts in the trial.

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