PENERAPAN SANKSI PIDANA OLEH HAKIM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PEMBUNUHAN DI PENGADILAN NEGERI BREBES (STUDI KASUS PUTUSAN NOMOR 3/PID.SUS-ANAK/2023/PN BBS)

Naila Zahiyatur Rosyida, NIM.: 20103040032 (2024) PENERAPAN SANKSI PIDANA OLEH HAKIM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PEMBUNUHAN DI PENGADILAN NEGERI BREBES (STUDI KASUS PUTUSAN NOMOR 3/PID.SUS-ANAK/2023/PN BBS). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Murder is a very heinous crime that is categorized as a serious crime in criminal law. The seriousness of this crime is seen from the many consequences that can be caused. The regulation on the punishment of children who commit murder in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, is that children can be sentenced to imprisonment for 1/2 (one half) or half of the maximum threat of imprisonment for adults, namely 1/2 (one half) of 15 (fifteen) years is 7.5 (seven and a half) years. Ideally, imprisonment for murder perpetrators is at least 2/3 (two-thirds) of the maximum criminal threat, so in this case, the judge should ideally impose 2/3 (two-thirds) of 7.5 (seven and a half) years, which is for 5 (five) years. However, in the case of murder by child perpetrators in the decision of the Brebes District Court Number 3/Pid.Sus-Anak/2023/PN Bbs, the judge only sentenced him to imprisonment in LPKA for 3 (three) years. Thus, this study raised 2 problem formulations. First, how the judge considered applying criminal sanctions to the child perpetrator of murder in the ruling. Second, whether the application of criminal sanctions by the judge to the child perpetrator of murder in the verdict has fulfilled the principles of legal certainty, expediency, and justice. This type of research is library research with a juridical-normative approach and field research. Reviewing secondary data in the form of court decisions, namely the decision of the Brebes District Court Number 3 / Pid.Sus-Anak / 2023 / PN Bbs. The theories used are victimology theory, progressive legal theory, and legal purpose theory. The data collection method used is the literature study method and interviews with resource persons related to the case studied. Based on the results of the study, it shows that the judge's consideration in the decision is not right. In this study, several discrepancies were found between the things contained in the verdict and the facts obtained in the field. One of them is in the written verdict that one of the evidence items will be returned to the victim's family, but in fact, according to the victim's brother's statement, the evidence has not been returned to the victim's family at all until now. Based on research, judges are too law-oriented and tend to commute the sentences of child offenders. The judge did not consider from the perspective of the victim's family who received a lot of material and immaterial losses as a result of the actions of the child perpetrator. The application of imprisonment for 3 (three) years in the decision has not fulfilled the certainty of law and justice both in the community and for the victim's family and has not fulfilled the benefits for the victim's family. The verdict only fulfills the aspect of expediency for child perpetrators.

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